Chavez v. Social Security Administration

Filing 30

STIPULATED ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 29 Plaintiff's Unopposed Motion for Attorney Fees Under EAJA (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MANUEL T. CHAVEZ SR.,
Plaintiff,
vs.

Civil No. 18-483 SMV

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
ORDER GRANTING STIPULATED MOTION FOR AWARD OF
ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
Plaintiff’s Unopposed Motion for Fees Under the Equal Access to Justice Act is
GRANTED. Defendant shall pay Plaintiff $6,000.00 in attorney fees. Payment of this amount
shall constitute a complete release from and bar to any and all claims Plaintiff may have relating
to EAJA fees in connection with this action. However, the EAJA award is without prejudice to
Plaintiff’s attorney’s right to seek attorney fees pursuant to Social Security Act § 206(b), 42 U.S.C.
§ 406(b), subject to the offset provisions of the EAJA. See 28 U.S.C. § 2412(c)(1) (2006).
Under Astrue v. Ratliff, 130 S.Ct 2521, 2528-29 (2010), EAJA fees awarded by this Court
belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. §
3716(c)(3)(B) (2006)). This Court therefore orders the EAJA fees to be paid to Plaintiff. If, after
receiving the Court’s EAJA fee order, the Commissioner (1) determines that Plaintiff's counsel
has a valid assignment of fees; (2) determines that Plaintiff does not owe a debt that is subject to
offset under the Treasury Offset Program; and (3) agrees to waive the requirements of the AntiAssignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney. However, if
there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive

the requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be
paid by a check made out to Plaintiff but delivered to Plaintiff’s attorney.

HONORABLE STEPHAN M. VIDMAR
UNITED STATES MAGISTRATE JUDGE

SUBMITTED AND APPROVED BY:
Filed Electronically 6/5/19
MICHAEL D. ARMSTRONG
Attorney for Plaintiff
Electronically Approved 6/5/19
KIRSTEN WESTERLAND
Special Assistant United States Attorney