Jekov v. Commissioner of Social Security

Filing 25

AMENDED ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/24/13. Fees pursuant to the EAJA are awarded to plaintiff in the amount of $2600.00. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICIA JEKOV,

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No. 2:12-cv-2768 CKD

Plaintiff,
v.

AMENDED EAJA AWARD

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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The court previously awarded fees under the Equal Access to Justice Act (EAJA), 28

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U.S.C. § 2412(d)(1), to plaintiff. Defendant moves to amend the judgment, contending that such

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fees are subject to review by the Department of the Treasury in order to determine whether

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plaintiff owes a federal debt. Defendant also contends the parties had agreed to settle the fee

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dispute for $2600. Plaintiff does not oppose the motion.

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Good cause appearing, IT IS HEREBY ORDERED that fees pursuant to the EAJA are
awarded to plaintiff in the amount of $2,600.00.
After this order is issued, the government will consider any assignment of EAJA fees to

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plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 130 S. Ct. 2521, 2252-2253 (2010), the ability

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to honor the assignment will depend on whether the fees are subject to any offset allowed under

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the United States Department of the Treasury’s Offset Program. After the order for EAJA fees is
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entered, the government will determine whether they are subject to any offset.

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Fees shall be made payable to plaintiff, but if the Department of the Treasury determines

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that plaintiff does not owe a federal debt, then the government shall cause the payment of fees to

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be made directly to Jesse Kaplan pursuant to any assignment executed by plaintiff. Any

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payments made shall be delivered to Jesse Kaplan.

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Dated: December 24, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 jekov2768.eaja.amd

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