Jones v. Commissioner Social Security Administration

Filing 24

ORDER signed on 06/03/2024 by Magistrate Judge Mustafa T. Kasubhai GRANTING Stipulated Application for Fees Pursuant to EAJA 21 . (bd)

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

TAMMY J.
1:23-CV-01176-MK
Plaintiff,
v.
MARTIN 0'MALLEY,
Commissioner of Social Security,

ORDER FOR EQUAL
ACCESS TO JUSTICE
FEES

Defendant.
Based upon the stipulation of the parties, Plaintiff is here by awarded $6437.33 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.

It is so ORDERED
Dated this 3rd, day of June 2024
s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI (He / Him)
United States Magistrate Judge
Prepared as to form
/s/ Alan Graf
Attorney for Plaintiff

ORDER – 2