Westmoreland v. Commissioner Social Security Administration

Filing 28

ORDER Granting Application for Attorney Fees Pursuant to EAJA 24 . Signed on 12/29/16 by Judge Michael J. McShane. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DAVID R. WESTMORELAND,
Plaintiff,
v.

Civ. No. 1:15-cv-00241-MC
ORDER APPROVING
ATTORNEYS FEES PURSUANT
TO 28 U.S.C. § 2412 (EAJA)

CAROLYN W. COLVIN,
Acting Commissioner of the Social Security
Administration,
Defendant.

MCSHANE, Judge:
After considering Plaintiff's Motion (ECF No. 24) and the Defendant's objections (ECF
No. 26), this Court hereby GRANTS Plaintiff's First Application for Fees Pursuant to EAJA
Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C § 2412 (ECF No. 24), and Orders
that the Commissioner shall pay Plaintiffs attorneys the sum of $6,485.29 ($6,468.64 for
attorney's fees and $16.65 for costs), upon verification that Plaintiff has no debt to the
government which qualifies for offset against the awarded fees, pursuant to the reasoning in

Astrue v. Ratliff, 560 U.S. 586, 130 S. Ct. 2521, 2527 (2010) (EAJA awards fees subject "to a
federal administrative offset if the Litigant has outstanding federal debts") for full settlement of
all claims for fees under EAJ A.

1-0RDERAPPROVING ATTORNEYS FEES PURSUANT TO 28 U.S.C. § 2412 (EAJA)

If Plaintiff has no such federal debt, payment of $6,485 .29 shall be made to Plaintiffs

attorney, Drew L. Johnson, PC, and mailed to his office at 1700 Valley River Drive, Eugene,
OR 97401. If Plaintiff has such debt, the check for any remaining funds after offset shall be
made out to Plaintiff and mailed to counsel's office at the address noted above.

IT IS SO ORDERED this

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day of December, 2016.

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\.

Michael J. Mc Shane
United States District Judge

2- ORDER APPROVING ATTORNEYS FEES PURSUANT TO 28 U.S.C. § 2412 (EAJA)