Odom v. Commissioner of Social Security

Filing 25

Order granting Plaintiffs petition for attorney fees pursuant to the Equal Access to Justice Act, signed by Magistrate Judge Erica P. Grosjean on 1/8/2018. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ORDER GRANTING PLAINTIFF’S
PETITION FOR ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

Plaintiff,

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v.

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Case No. 1:16-cv-00270-EPG

ROBERT KENNETH ODOM,

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

(ECF No. 23)

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Defendant.
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Plaintiff Robert Kenneth Odom filed a complaint challenging the denial of her

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application for disability insurance benefits on August 10, 2015. (ECF No. 1.) On June 2, 2017,

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the Court entered a final decision remanding the case to the Social Security Administration for

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further proceedings. (ECF No. 21.) The Court entered judgment in Plaintiff’s favor. (ECF No.

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22.)

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Plaintiff now seeks attorney fees and expenses pursuant to the Equal Access to Justice

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Act (28 U.S.C. § 2412(d)) (“EAJA”) in the amount of $3,806.44. (ECF No. 23.) Defendant

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filed a response indicating that it had no objection to that amount. (ECF No. 24.) However, it

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requested additional offset language be added to the order granting attorney fees. (Id.) Plaintiff

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did not object insertion of the proposed offset language.

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Accordingly, IT IS ORDERED that fees in the amount of $3,806.44 as authorized by 28

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U.S.C. § 2412(d) be awarded the Law Offices of Lawrence D. Rohlfing subject to the

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following: EAJA fees and expenses, are subject to any offsets allowed under the Treasury

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Offset Program, as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010).

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IT IS SO ORDERED.
Dated:

January 8, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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