Opinion

Smith v. Commissioner Social Security Administration

Court
District Court, D. Oregon
Filed
Oct 26, 2021
Cited by
0 cases
Authority
More cited than 28.7%

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

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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