The opinion
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
GREG ALAN SMITH, Civil No. 3:20-CV-00619-BR
Plaintiff,
v. ORDER FOR ATTORNEY FEES
UNDER 28 U.S.C. § 2412
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION
Defendant.
For the reasons set forth in the parties’ stipulated motion for attorney fees under the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS
HEREBY ORDERED AS FOLLOWS:
Plaintiff is hereby awarded $1700.98 in fees under the EAJA. Under Astrue v. Ratliff,
130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to the Plaintiff and
are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Any
EAJA fees should therefore be awarded to Plaintiff and not to Plaintiff’s attorney. If, after
receiving the Court’s EAJA fee order, the Commissioner (1) determines that Plaintiff has
assigned her right to EAJA fees to her attorney; (2) determines that Plaintiff does not owe a debt
that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the
requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’
s attorney. However, if there is a debt owed under the Treasury Offset Program, the
Commissioner cannot agree to waive the requirements of the Anti-Assignment Act, and the
remaining EAJA fees after offset will be paid by a check or ETF made out to Plaintiff but
delivered to Plaintiff’s attorney.
IT IS SO ORDERED this 26th day of October, 2021.
/s/ Anna J. Brown
____________________________________
UNITED STATES SENIOR DISTRICT JUDGE
Submitted by:
SCOTT ERIK ASPHAUG, OSB #833674
United States Attorney
RENATA GOWIE, OSB #175273
Civil Division Chief
s/ Shata L. Stucky
SHATA L. STUCKY
Special Assistant United States Attorney
of Attorneys for Defendant
(206) 615-2909