Leon v. Berryhill

Filing 23

AMENDED ORDER GRANTING PLAINTIFFS APPLICATION FOR AWARD OF EAJA FEES. Plaintiffs Application for Award of EAJA Fees in the amount of $9,053.41 is GRANTED. See order for full details. Signed by Magistrate Judge Timothy J. Cavan on 12/6/2019. (HEG)

12/6/2019

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
ANGELINA L. LEON,

CV 18-94-BLG-TJC

Plaintiff,
vs.
ANDREW SAUL, Commissioner of
Social Security Administration,

AMENDED ORDER
GRANTING PLAINTIFF’S
APPLICATION FOR
AWARD OF EAJA FEES

Defendant.

On December 2, 2019, the Court granted Plaintiff’s unopposed application for
award of EAJA Fees. (Doc. 21.) The Court directed the Commissioner to pay
Plaintiff’s counsel attorney fees in the amount of $9,053.41.

(Id.)

The

Commissioner now moves the Court to amend the order to clarify that fee award is
subject to offset under the Treasury Offset Program. (Doc. 22.) Accordingly, IT IS
HEREBY ORDERED that the Court’s December 2, 2019 Order is amended as
follows:
Plaintiff’s Application for Award of EAJA Fees in the amount of $9,053.41
is GRANTED. This award is subject to offset to satisfy any preexisting debt that
Plaintiff owes the United States pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010)
and the Treasury Offset Program, 31 U.S.C. § 3716. If the government determines

Plaintiff does not owe a federal debt, then the government shall cause the payment
of the award to be made directly to Plaintiff’s counsel.
DATED this 6th day of December, 2019.
_______________________________
TIMOTHY J. CAVAN
United States Magistrate Judge