LOWELL v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER
Filing
13
ORDER granting 12 Motion for Attorney Fees By JUDGE JOHN A. WOODCOCK, JR. (jlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
ALLISON H. LOWELL,
Plaintiff,
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v.
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MICHAEL J. ASTRUE,
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Commissioner,
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Social Security Administration,
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Defendant.
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______________________________)
Civil No. 2:11-cv-00082-JAW
ORDER
Pursuant to the power of this Court to award fees to a prevailing party other than the
United States incurred by that party in a civil action against the United States, including
proceedings for judicial review of agency action, under the Equal Access to Justice Act, 28
U.S.C. § 2412(d)(1)(A), and in light of this Court’s August 11, 2011, Judgment and Order
remanding this case to the defendant Commissioner for further administrative proceedings,
IT IS HEREBY ORDERED that the United States Social Security Administration shall
pay attorney’s fees in the amount of Two Thousand, Three Hundred, and Ninety-Seven dollars
($2,397.00) in full satisfaction of any and all attorney’s fee claims Plaintiff may have in this case
under the Equal Access to Justice Act.
Pursuant to the United States Supreme Court’s ruling in Commissioner of Social Security
v. Ratliff, 130 S.Ct. 1251 (2010), these attorney fees are payable to Plaintiff as the prevailing
party, and are subject to offset through the Treasury Department’s Offset Program to satisfy any
pre-existing debt Plaintiff may owe to the government. If, subsequent to the entry of this Order,
the Commissioner determines that Plaintiff owes no debt to the government that would subject
this award of attorney’s fees to offset, the Commissioner may honor the Plaintiff’s March 7,
2011 signed assignment of EAJA fees providing for payment of the subject fees to Plaintiff’s
counsel, rather than to Plaintiff. If, however, Plaintiff is discovered to owe the government any
debt subject to offset, the Commissioner shall pay any attorney’s fees remaining after such offset
to Plaintiff rather than to counsel.
SO ORDERED this 12th day of October, 2011.
/s/John A. Woodcock, Jr._______________
JOHN A. WOODCOCK, JR.
CHIEF U.S. DISTRICT JUDGE
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