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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF OREGON 3 4 DENISE DEON RAMIREZ, 5 Plaintiff, 6 7 8 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. 9 Defendant. 10 11 For the reasons set forth in the parties’ stipulated motion for attorney fees under 12 13 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause 14 15 shown, IT IS HEREBY ORDERED AS FOLLOWS: 16 17 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 18 19 belong to the Plaintiff and are subject to offset under the Treasury Offset Program 20 pursuant to 31 U.S.C. § 3716(c)(3)(B). Any EAJA fees should therefore be awarded to 21 22 Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1) determines 23 24 that Plaintiff has assigned her right to EAJA fees to her attorney; (2) determines that 25 26 Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, 27 and (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees 28 will be made payable to Plaintiff’ s attorney. However, if there is a debt owed under the 1 1 2 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 3 check made out to Plaintiff but delivered to Plaintiff’s attorney. 5 DATED: February 5, 2024 6 7 yJ 4 Andrew D. Hallman U.S. Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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