Green v. Saul

Filing 21

ORDER granting 20 Motion for Attorney Fees Signed by Magistrate Judge Kathleen L. DeSoto on 6/7/2021. (TXB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

ERIC J. GREEN,
Plaintiff,

CV 20-91-M-KLD
ORDER

vs.
ANDREW M. SAUL, Commissioner
of Social Security Administration,
Defendant.

Plaintiff Eric J. Green ("Green"), by and through his 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 his Social Security appeal. He requests
$5,776.28 in fees.
Defendant Commissioner of Social Security ("Commissioner") does not object
to Green’s application for fees in this amount.
THEREFORE, IT IS HEREBY ORDERED that Green’s Application for
Award of EAJA Fees is GRANTED. Defendant shall pay $5,776.28 in attorney
fees under the Equal Access to Justice Act, 28 U.S.C. §2412.
IT IS FURTHER ORDERED that if, after receiving the Court’s EAJA fee
order, the Commissioner (1) determines upon effectuation of the Court’s EAJA fee

order that Plaintiff does not owe a debt that is subject to offset under the Treasury
Offset Program, (2) agrees to waive the requirements of the Anti-Assignment Act,
and (3) is provided a valid assignment of fees executed by Plaintiff, the fees will be
made payable 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
However, if there is a debt owned under the Treasury Offset Program, the
Commissioner cannot agree to waive the requirements of the Anti-Assignment Act,
and any remaining EAJA fees after offset will be paid by a check made out to
Plaintiff, but delivered to Plaintiff’s attorney.
DATED this 7th day of June, 2021.

Kathleen L. DeSoto
U.S. Magistrate Judge