Bland v. Commissioner of Social Security Administration

Filing 18

ORDER granting the parties' 17 Joint Motion for Attorney Fees. Plaintiff is awarded $6,511.68 in attorneys' fees. Any check for EAJA fees shall be mailed to Plaintiff's counsel, Stephanie Lake, Esq. Signed by Judge Diane J Humetewa on 4/25/2019. (See Order for details.) (LFIG)

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NOT FOR PUBLICATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Denna Bland,

No. CV-18-00436-PHX-DJH
Plaintiff,

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v.

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ORDER

Commissioner of Social Security
Administration,

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Defendant.

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Pending before the Court is the parties’ Joint Motion for an Award of Attorneys’

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Fees Pursuant to the Equal Access to Justice Act (“EAJA”) (Doc. 17). Plaintiff is seeking

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$6,511.68 in attorneys’ fees pursuant to 28 U.S.C. 2412(d). The parties stipulate the

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requested award “represents reasonable compensation for all legal services rendered on

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behalf of Plaintiff’s attorney in connection with this civil action before the district court in

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accordance with 28 U.S.C. §§ 1920 and 2412(d).” (Id. at 1-2).

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In any action brought by or against the United States except one sounding in tort,

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the EAJA, 28 U.S.C. § 2412, provides that “a court shall award to a prevailing party other

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than the United States fees and other expenses . . . unless the court finds that the position

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of the United States was substantially justified.” 28 U.S.C. § 2412(d)(1)(A); Tobeler v.

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Colvin, 749 F.3d 830, 832 (9th Cir. 2014). Under the EAJA, “attorneys’ fees are to be

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awarded to a party winning a . . . remand unless the Commissioner shows that his position

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with respect to the issue on which the district court based its remand was “substantially

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justified.”

Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir. 2002) (citing Flores v.

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Shalala, 49 F.3d 562, 568-69 (9th Cir. 1995)). Under Astrue v. Ratliff, 560 U.S. 586, 595-

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98 (2010), EAJA fees awarded by the Court belong to Plaintiff and are subject to offset

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under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)).

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Accordingly,

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IT IS ORDERED that the parties’ Joint Motion for an Award of Attorneys’ Fees

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Pursuant to the Equal Access to Justice Act (Doc. 17) is GRANTED. Plaintiff is awarded

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$6,511.68 in attorneys’ fees. Any check for EAJA fees shall be mailed to Plaintiff’s

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counsel, Stephanie Lake, Esq.; Law Offices of Stephanie Lake, P.C.; 3737 North Seventh

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Street, Suite 100 Phoenix, Arizona 85014.

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IT IS FURTHER ORDERED that if, after receiving this Court’s EAJA fee order,

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the Commissioner determines upon effectuation of the Court’s EAJA fee order that (1)

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Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program,

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and (2) agrees to waive the requirements of the Anti-Assignment Act, 31 U.S.C. § 3727(b),

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the fees will be made payable to Plaintiff’s attorney. However, if there is a debt owed

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under the Treasury Offset Program, the remaining EAJA fees after offset will be paid by

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check made out to Plaintiff but delivered to Plaintiff’s attorney.

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Dated this 25th day of April, 2019.

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Honorable Diane J. Humetewa
United States District Judge

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