Opinion

(SS) McCombs v. Commissioner of Social Security

Court
District Court, E.D. California
Filed
Jun 11, 2021
Cited by
0 cases
Authority
More cited than 17.6%

The opinion

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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7 CRAIG MCCOMBS, ) CIVIL NO. 2:19-cv-02574-JDP

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8 Plaintiff, ) ORDER GRANTING PLAINTIFF’S

v. ) MOTION FOR THE AWARD AND

9 ) PAYMENT OF ATTORNEY FEES AND

ANDREW SAUL, ) EXPENSES PURSUANT TO THE EQUAL

10 Commissioner of Social Security, ) ACCESS TO JUSTICE ACT, 28 U.S.C.

) § 2412(d)

11 Defendant. )

) ECF No. 26

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14 It is ordered that Plaintiff be awarded attorney fees and expenses in the amount of four

15 thousand dollars ($4,038.92) under the Equal Access to Justice Act (EAJA), 28 U.S.C.

16 § 2412(d). This amount represents compensation for all legal services rendered on behalf of

17 Plaintiff by Counsel Kelsey M. Brown (“Counsel”) in connection with this civil action, in

18 accordance with 28 U.S.C. § 2412(d). The Court will not entertain any future claims for EAJA

19 fees and/or expenses in this civil action.

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After the Court issues an order for EAJA fees to Plaintiff, the government will consider

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the matter of Plaintiff’s assignment of EAJA fees to Counsel (Dkt. 26-2). Pursuant to Astrue v.

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Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the

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assignment will depend on whether the fees are subject to any offset allowed under the United

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States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered,

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the government will determine whether they are subject to any offset.

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Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines

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that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,

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1 expenses and costs to be made directly to Counsel, pursuant to the assignment executed by

2 |! Plaintiff. Any payments made shall be delivered to Counsel.

3 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek

4 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause

provisions of the EAJA.

7 |/1T IS SO ORDERED.

8 / .

9 ll Dated: __June 11,2021 _ Ws

10 JEREMY D. PETERSON

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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