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)

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

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