Elgrably v. Commissioner of Social Security Administration

Filing 19

ORDER: The Motion for Equal Access to Justice fees (Doc. 16 ) in the amount of $6,560.72 is granted and costs are granted in the amount of $400.00. FURTHER ORDERED that this award shall be payable directly to Plaintiff and is subject to offset to satisfy any pre-existing debt that Plaintiff owes the United States pursuant to Astrue v. Ratliff, 560 U.S. 586, 593 (2010). Signed by Senior Judge James A Teilborg on 3/28/19. (EJA)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Dolores Eileen Elgrably,

No. CV-17-04760-PHX-JAT

Plaintiff,

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v.

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Commissioner
Administration,

ORDER

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of

Social

Security

Defendant.

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Pending before the Court is Plaintiff’s motion for attorney’s fees pursuant to the

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Equal Access to Justice Act. (Doc. 16). Defendant does not oppose the motion. (Doc.

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18). The Court deems Defendant’s lack of opposition to be a concession that its litigation

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position was not substantially justified. See generally Russell v. Sullivan, 930 F.2d 1443,

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1445 (9th Cir. 1991). Therefore,

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IT IS ORDERED that the Motion for Equal Access to Justice fees (Doc. 16) in the
amount of $6,560.72 is granted and costs are granted in the amount of $400.00.

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IT IS FURTHER ORDERED that this award shall be payable directly to Plaintiff

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and is subject to offset to satisfy any pre-existing debt that Plaintiff owes the United States

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pursuant to Astrue v. Ratliff, 560 U.S. 586, 593 (2010).

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Dated this 28th day of March, 2019.