Knoll v Commissioner Social Security Administration

Filing 36

Order for Equal Access to Justice Signed on 9/25/2024 by United States Magistrate Judge Youlee Yim You. (pjg)

Alan Stuart Graf, OSB # 923171
[e-mail]
825 Merrimon Ave, Ste C # 354
Asheville, NC 28804
Phone No: 931-231-4119
Fax No. 931-964-3127
Email: [e-mail]

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

TRAVIS K.
1:23-CV-00932-YY
Plaintiff,
v.

ORDER FOR EQUAL
ACCESS TO JUSTICE
FEES

MARTIN 0'MALLEY,
Commissioner of Social Security,
Defendant.
Based upon the stipulation of the parties, Plaintiff is here by awarded $10,015.98 in fees
under the EAJA. 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)). Any EAJA fees should therefore be awarded to Plaintiff and not
to Plaintiff’ s attorney. If, after receiving the Court’ s EAJA fee order, the Commissioner (1)
determines that Plaintiff has assigned his right to EAJA fees to his attorney; (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 Anti-Assignment Act, then the EAJA fees will be made
payable to Plaintiff’s attorney.
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ORDER – 1

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 at the
following address: Alan Stuart Graf, Attorney, 825 Merrimon Ave, Ste C, PMB # 354, Asheville,
NC 28804 or by Electronic Deposit in the account of Alan Stuart Graf, Attorney.

It is so ORDERED
Dated this 25th day of September, 2024

Prepared as to form
/s/ Alan Graf
Attorney for Plaintiff

ORDER – 2

Youlee Yim You
United States Magistrate Judge