Delucci v. Commissioner of Social Security Administration

Filing 22

ORDER granting 21 Motion for Attorney Fees. Plaintiff shall be awarded attorney's fees of $3,919.00. If the Commissioner determines upon its effectuation that Plaintiff does not owe a debt that is subject to offset under the Treasury Off set Program, the fees will be made payable to Plaintiff's attorney. If, however, there is a debt owed that is subject to offset under the Treasury Offset Program, the remaining EAJA fees after offset will be paid by a check made out to Plaintiff, but delivered to Plaintiff's attorney. Signed by Magistrate Judge Bruce G Macdonald on 2/22/18. (KAH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Michael Delucci, an unmarried man,

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Plaintiff,
ORDER

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No. CV-17-0171-TUC-BGM

v.
Nancy A. Berryhill,
Acting Commissioner of Social Security,
Defendant.

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Currently pending before the Court is the parties’ Stipulated Motion for Award of

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Attorney Fees Pursuant to the Equal Access to Justice Act, 26 U.S.C. § 2412(d) (Doc. 21).

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Having reviewed the same, and good cause appearing, IT IS HEREBY ORDERED that the

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parties’ motion (Doc. 21) is GRANTED. IT IS FURTHER ORDERED that Plaintiff shall be

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awarded attorney’s fees of $3,919.00 pursuant to the Equal Access to Justice Act (“EAJA”), 28

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U.S.C. § 2412(d).

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EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset

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under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). See Astrue v.

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Ratliff, 560 U.S. 586, 595–98, 130 S.Ct. 2521, 2528–29, 177 L.Ed.2d 91 (2010). As

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such, IT IS FURTHER ORDERED that if, after receiving this Order, the Commissioner

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determines upon its effectuation that Plaintiff does not owe a debt that is subject to offset
under the Treasury Offset Program, the fees will be made payable to Plaintiff’s attorney.

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If, however, there is a debt owed that is subject to offset under the Treasury Offset
Program, the remaining EAJA fees after offset will be paid by a check made out to
Plaintiff, but delivered to Plaintiff’s attorney. Any check for EAJA fees shall be mailed

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to Plaintiff’s counsel at the following address: Hallinan & Killpack Law Firm, 5240 East
Pima Street, Tucson, Arizona 85712.
Dated this 22nd day of February, 2018.

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