Smith v. Berryhill
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)
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,
ANDREW SAUL, Commissioner of
Social Security Administration,
ORDER AWARDING EAJA FEES
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).
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.
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