Gray v. Commissioner Social Security Administration

Filing 15

ORDER: Granting Stipulated Application for Fees Pursuant to EAJA 14 . Upon consideration of Plaintiff's Motion Re: Attorney Fees and Costs Pursuant to the EAJA (Equal Access to Justice Act, 28 U.S.C. 2412(d)), It is hereby ORDERED that the Motion is granted. Defendant shall pay $2,496.72 in attorney's fees and $96.60 in expenses under 28 U.S.C. § 2412, and $400.00 in costs under 28 U.S.C. § 1920. See Order for further details. Ordered by Magistrate Judge John Jelderks. (jtj)

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1 2 3 Andrew Wilson, OSB # 125006 andrew@fwfirm.com FERGUSON & WILSON, P.C. 900 West 8th Street, Medford, OR 97501 541-772-6462; Fax: 541-414-6655 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF OREGON 7 MEDFORD DIVISION 8 9 GINA MARIE GRAY, Case No.: 1:16-CV-01778-JE Plaintiff, 10 ORDER 11 vs. 12 NANCY A. BERRYHILL, Acting Commissioner of Social Security, 13 Defendant. 14 15 16 17 Upon consideration of Plaintiff’s Motion Re: Attorney Fees and Costs Pursuant to the EAJA (Equal Access to Justice Act, 28 U.S.C. 2412(d)), 18 It is hereby ORDERED that the Motion is granted. Defendant shall pay $2,496.72 in 19 attorney’s fees and $96.60 in expenses under 28 U.S.C. § 2412, and $400.00 in costs under 28 20 21 U.S.C. § 1920. 22 Pursuant to Astrue v. Ratliff, 130 S.Ct 2521, 2528-29 (2010), EAJA fees awarded by this 23 Court belong to Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. 24 § 3716(c)(3)(B) (2006)). If after receiving the Court’s EAJA fee order, the Commissioner 25 determines upon effectuation of the Court’s EAJA fee order that Plaintiff does not owe a debt 26 1 - ORDER FERGUSON & WILSON, P.C. 900 West 8th Street, Medford, OR 97501 (541) 772-6462 / Fax: (541) 414-6655 Email: andrew@fwfirm.com 1 that is subject to offset under the Treasury Offset Program, the fees will be made payable to 2 Plaintiff’s attorney. However, if there is a debt owed that is subject to offset under the Treasury 3 4 Offset Program, any remaining EAJA fees after offset will be paid by a check payable to Plaintiff but delivered to Plaintiff’s attorney Andrew Wilson at 900 West 8th Street, Medford, OR 5 6 97501. 7 8 9 Dated this 7th day of August, 2017 10 11 /s/ John Jelderks _____________________________________ Honorable John Jelderks United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 - ORDER FERGUSON & WILSON, P.C. 900 West 8th Street, Medford, OR 97501 (541) 772-6462 / Fax: (541) 414-6655 Email: andrew@fwfirm.com

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