Flynn v. Commissioner of Social Security Administration

Filing 26

ORDER granting 24 Motion for Attorney Fees and that that Plaintiff be awarded attorney's fees of $2,774.74 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). (See ORDER for complete details) Signed by Magistrate Judge Bruce G Macdonald on 9/13/2018. (MCO)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jessica Flynn, an unmarried woman,

No. CV-17-0478-TUC-BGM

Plaintiff,

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v.

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Nancy A. Berryhill,
Acting Commissioner of Social Security,

ORDER

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Defendant.

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Currently pending before the Court is Counsel for Plaintiff’s Motion for Award

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Attorney Fees Under the Equal Access to Justice Act, 26 U.S.C. § 2412(d) (Doc. 24).

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Defendant does not object to the fees requested. See Def.’s Response to Pl.’s Mot. for

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Attorney Fees (Doc. 25).

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attorney’s fees of $2,774.74 pursuant to the Equal Access to Justice Act (“EAJA”), 28

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U.S.C. § 2412(d).

IT IS HEREBY ORDERED that Plaintiff be awarded

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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

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under the Treasury Offset Program, fees will be made payable to Plaintiff’s attorneys. If,

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however, there is a debt owed that is subject to offset under the Treasury Offset Program,

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the remaining EAJA fees after offset will be paid by a check made out to Plaintiff, but

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delivered to Plaintiff’s attorneys Joane Hallinan and Audrey Miller, Hallinan & Killpack

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Law Firm, 5240 East Pima Street, Tucson, Arizona 85712.

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Dated this 13th day of September, 2018.

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