Opinion

BROWN v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER

Court
District Court, D. Maine
Filed
Feb 28, 2024
Cited by
0 cases
Authority
More cited than 23.3%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

RUSSELL B.,

Plaintiff,

v.

Civil No.: 1:22-cv-00223-LEW

MARTIN O’MALLEY,

Commissioner of Social Security,

Defendant.

ORDER

Pursuant to the power of this Court to award fees and expenses to a prevailing party other

than the United States incurred by that party in a civil action against the United States, including

proceedings for judicial review of agency action, under the Equal Access to Justice Act, 28

U.S.C. § 2412(d)(1)(A), and in light of this Court’s Order and Judgment, remanding this case to

the Defendant Commissioner for further administrative proceedings,

IT IS HEREBY ORDERED that the United States Social Security Administration shall

pay attorney’s fees in the amount of $7,500.00 in full satisfaction of any and all attorney’s fee,

expense, and cost claims Plaintiff may have in this case under the Equal Access to Justice Act.

IT IS FURTHER ORDERED that Plaintiff’s Motion for Attorney Fees Pursuant to the

Equal Access to Justice Act (ECF No. 24) is DENIED as MOOT.

Pursuant to the United States Supreme Court’s ruling in Astrue v. Ratliff, 560 U.S. 586

(2010), these attorney fees and expenses are payable to Plaintiff as the prevailing party and are

subject to offset through the Treasury Department’s Offset Program to satisfy any pre-existing

debt Plaintiff may owe to the government. If, after the entry of this Order, the Commissioner de-

termines that Plaintiff owes no debt to the government that would subject this award of attor-

ney’s fees and expenses to offset, the Commissioner may honor Plaintiff’s signed assignment of

EAJA fees providing for payment of the subject fees to Plaintiff’s counsel, rather than to Plain-

tiff. If, however, Plaintiff is discovered to owe the government any debt subject to offset, the

Commissioner shall pay any attorney’s fees and expenses remaining after such offset to Plaintiff

rather than to counsel.

Dated this 28th day of February, 2024.

/s/ Lance E. Walker

UNITED STATES DISTRICT JUDGE

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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