Mann v. Commissioner Social Security Administration

Filing 28

ORDER: Granting Application for Fees Pursuant to EAJA 25 . See Order Signed on 11/17/2010 by Judge Ancer L. Haggerty. (sp)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION SHAWN MANN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. HAGGERTY, District Judge: Plaintiff was the prevailing party in this action and his counsel seeks an award of attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $5,177.29 ($5,155.86 in attorneys fees, $7.93 in expenses, and $13.50 in costs). Defendant Commissioner does not object. This court concludes that plaintiff's counsel's Unopposed Application for Fees [25] is granted as follows: it is ordered that attorney David Lowry be paid $5,177.29 upon verification that plaintiff has no debt to the government which qualifies for offset against the awarded fees. See Astrue v. Ratliff, _ U.S. _, 130 S. Ct. 2521, 2527 (2010) (subjecting EAJA awards fees "to a Civil No. 09-500-HA ORDER

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federal administrative offset if the litigant has outstanding federal debts."). If plaintiff has such debt, then payment for any remaining funds after offset of the debt shall be made to plaintiff's attorney. IT IS SO ORDERED. DATED this 17 day of November, 2010. /s/ Ancer L. Haggerty Ancer L. Haggerty United States District Judge

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