Ruiz v. Commissioner of Social Security Administration

Filing 25

ORDER GRANTING 24 Motion for Attorney Fees. Plaintiff is awarded attorney's fees of $1,847.55. (See attached PDF for complete information). Signed by Magistrate Judge Bruce G Macdonald on 1/31/20. (BAC)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

No. CV-18-0292-TUC-BGM

Rebecca Ruiz,

10

Plaintiff,
ORDER

11

v.

12

Andrew Saul,
Commissioner of Social Security,

13
14

Defendant.

15

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

16

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

17

24). Having reviewed the same, and good cause appearing, IT IS HEREBY ORDERED

18

that the Parties’ motion (Doc. 24) is GRANTED.

19
20

IT IS FURTHER ORDERED that Plaintiff be awarded attorney’s fees of
$1,847.55 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d).

21

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

22

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

23

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

24

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

25

determines upon its effectuation that Plaintiff does not owe a debt that is subject to offset

26

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

27

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

28

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

1

delivered to Plaintiff’s attorney. Any check for EAJA fees shall be mailed to Plaintiff’s

2

counsel at the following address: Hallinan & Killpack Law Firm, 5240 East Pima Street,

3

Tucson, Arizona 85712.

4

Dated this 31st day of January, 2020.

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-