Ramirez v. Commissioner Social Security Administration

Filing 17

ORDER: Granting Application for Fees Pursuant to EAJA 16 . Signed on 2/5/2024 by Magistrate Judge Andrew D. Hallman. (dsg)

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UNITED STATES DISTRICT COURT

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DISTRICT OF OREGON

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DENISE DEON RAMIREZ,

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Plaintiff,

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Case No.: 1:23-cv-01192-HL

vs.
COMMISSIONER OF SOCIAL
SECURITY,

ORDER AWARDING
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTIC ACT, 28
U.S.C. § 2412, et. seq.

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Defendant.

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For the reasons set forth in the parties’ stipulated motion for attorney fees under

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the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause

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shown, IT IS HEREBY ORDERED AS FOLLOWS:

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Plaintiff is hereby awarded $1,346.48 in fees and $0.00 in expenses under the
EAJA. Under Astrue v. Ratliff, 560 U.S. 586 (2010), EAJA fees awarded by this Court

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belong to the Plaintiff and are subject to offset under the Treasury Offset Program

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pursuant to 31 U.S.C. § 3716(c)(3)(B). Any EAJA fees should therefore be awarded to

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Plaintiff and not to Plaintiff’s attorney.
If, after receiving the Court’s EAJA fee order, the Commissioner (1) determines

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that Plaintiff has assigned her right to EAJA fees to her attorney; (2) determines that

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Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program,

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and (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees

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will be made payable to Plaintiff’ s attorney. However, if there is a debt owed under the
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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

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check made out to Plaintiff but delivered to Plaintiff’s attorney.

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DATED: February 5, 2024

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yJ

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Andrew D. Hallman
U.S. Magistrate Judge

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