Flores v. Commissioner of Social Security Administration

Filing 22

ORDER that pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, Plaintiff's 21 Motion for Attorney Fees and Costs in the amount of $5,031.54, as stipulated to by the parties, is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall be awarded her attorney fees in the amount of $5,031.54, which, if no offset is required, shall be awarded and sent directly to her Plaintiff's counsel, John Phillips. Signed by Judge Diane J Humetewa on 7/3/2019. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Melissa Flores,

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Plaintiff,

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ORDER

v.

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No. CV-17-08191-PCT-DJH

Commissioner of Social Security
Administration,

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Defendant.

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Plaintiff Melissa Flores (“Flores”) filed a complaint on September 18, 2017 seeking

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review of the Social Security Administration Commissioner’s (“the Commissioner”) denial

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of disability benefits. (Doc. 1). On March 19, 2019, this Court issued an order reversing

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the Administrative Law Judge’s decision, and remanding the case for further administrative

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proceedings. (Doc. 19). As the prevailing party in a civil action brought against the United

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States, Flores is entitled to attorney fees under the Equal Access to Justice Act (“EAJA”),

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28 U.S.C. § 2412, even if she is not ultimately successful in seeking benefits on remand.

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See Shalala v. Schaefer, 509 U.S. 292, 295–302 (1993). The parties have stipulated that

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this amount equals $5,031.54. (Doc. 21).1

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Fees awarded under the EAJA belong to the plaintiff, and as such may be subject to

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an administrative offset, thereby reducing the amount awarded if the plaintiff has a

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preexisting, unpaid debt to the United States. Astrue v. Ratliff, 560 U.S. 586 (2010). If no

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EAJA offset applies to an award of attorney fees, and if the plaintiff has assigned their

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The parties filed a Joint Stipulation. (Doc. 21). The Court will construe their Joint
Stipulation as a Motion for Attorney Fees and Costs.

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rights to the fees to his or her attorney, a check may be made out to the plaintiff’s attorney

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and mailed to him or her directly. Id. at 597 (acknowledging such a practice by the

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government).

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Here, the Court recognizes that Flores has assigned her attorney fees directly to her

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Counsel, John Phillips. (Doc. 3). If the government determines that no offset applies, the

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EAJA funds will be sent to Plaintiff’s Counsel’s law firm in the amount of $5,031.54.

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IT IS ORDERED that pursuant to the Equal Access to Justice Act, 28 U.S.C. §

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2412, Flores’s Motion for Attorney Fees and Costs (Doc. 21) in the amount of $5,031.54,

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as stipulated to by the parties, is GRANTED.

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IT IS FURTHER ORDERED that Flores shall be awarded her attorney fees in the

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amount of $5,031.54, which, if no offset is required, shall be awarded and sent directly to

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Flores’s Counsel, John Phillips, at the address 147 S. Marina St., Prescott, AZ 86303.

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Dated this 3rd day of July, 2019.

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Honorable Diane J. Humetewa
United States District Judge

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