Thompson v. Commissioner Social Security Administration

Filing 15

ORDER: Granting Application for Fees Pursuant to EAJA 12 ; Granting Motion to Bifurcate 12 . Signed on 03/06/2025 by Magistrate Judge Mark D. Clarke. (rsm)

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

JOSHUA T.
1:24-CV-0 1772-CL
Plaintiff,
V.

ORDER FOR EQUAL
ACCESS TO WSTICE
FEES

Acting
Commissioner of Social Security,
Defendant.
Based upon the stipulation of the parties, Plaintiff is here by awarded $1,350.09 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, afterreceiving 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 Plaintiffs
attorney.

Ill
Ill
Ill
ORDER-I

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 BAJA 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, Attorn~y, 825 Merriman Ave, Ste C, PMB # 354, Asheville,
NC 28804.

It is so ORDERED
Dated this 6th

Prepared as to form

Isl Alan Graf
Attorney for Plaintiff

ORDER-2

day of March, 2025

Isl Mark Clarke
MARK D. CLARKE
United States Magistrate Judge