McMichael v. Commissioner Social Security Administration

Filing 34

ORDER by Judge Ancer L. Haggerty granting Plaintiff's Application for Fees Pursuant to EAJA 33 . See formal Order. (sp)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION TERESA J. McMICHAEL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. HAGGERTY, District Judge: Based on the stipulation by the parties, plaintiff's 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 $6,752.31, with no costs or expenses. This court concludes that plaintiff's counsel's Stipulation for EAJA Fees [33] is granted as follows: it is ordered that attorney Martin R. Cohen be paid $6,752.31 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 federal administrative offset if the litigant has outstanding federal debts."). If plaintiff has such Civil No. 09-840-HA ORDER

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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 29th day of November, 2010. /s/ Ancer L. Haggerty Ancer L. Haggerty United States District Judge

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