Smith v. Berryhill

Filing 22

ORDER AWARDING EAJA FEES regarding 21 Motion for Attorney Fees. PLEASE SEE ORDER FOR FULL DETAILS. Signed by Judge Brian Morris on 10/14/2020. (MMS)

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Case 4:19-cv-00006-JTJ Document 22 Filed 10/14/20 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION JENNIFER J. SMITH, NO.: CV-19-06-GF-BMM-JTJ Plaintiff, vs. ANDREW SAUL, Commissioner of Social Security Administration, ORDER AWARDING EAJA FEES Defendant. Plaintiff Jennifer J. Smith (“Smith”), by and through her attorney, John E. Seidlitz, Jr., moves under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. §2412(d), for attorney fees incurred in prosecuting her Social Security appeal. She requests $10,406.18 in fees. Defendant Commissioner of Social Security ("Commissioner") does not object to Smith’s application for fees in this amount. IT IS HEREBY ORDERED that attorney fees in the amount of $10,406.18 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412. Attorney fees will be paid to Plaintiff’s attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). 1 Case 4:19-cv-00006-JTJ Document 22 Filed 10/14/20 Page 2 of 2 If Plaintiff has no such debt, then the check shall be made out to Plaintiff’s attorney and mailed to Plaintiff’s attorney’s office as follows: Seidlitz Law Office P.O. Box 1581 Great Falls, MT 59403-1581 If Plaintiff has a debt, then the check for any remaining funds after offset of the debt shall be made to Plaintiff’s attorney and mailed to Plaintiff’s attorney’s office at the address stated above. DATED this 14th day of October, 2020. 2

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