Phoenix v. Commissioner Social Security Administration

Filing 21

ORDER: for Attorney Fees Pursuant to EAJA 20 . Signed on 7/8/2011 by Judge John Jelderks. Text Modified on 7/14/2011 to reflect correct signing judge (mr).

Drew L. Johnson
Kathryn Tassinari
[e-mail]
[e-mail]
1700 Valley River Drive
Eugene, OR 97401
[phone]
Attorneys for Plaintiff

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
AINSLEY S. KELLY, Survivor
Of JESSI-KEALOHA PHOENIX,
Civil No. CV 09-6324-JE
Plaintiff,
vs.

ORDER FOR ATTORNEY FEES
PURSUANT TO EAJA

MICHAEL J. ASTRUE,
Commissioner of Social Security
Administration,
Defendant.
____________________________________
After considering the Stipulated Motion of the parties submitted herein, Order hereby
grants that Commissioner shall pay the sum of $5677.47 and expenses of $18.96 (Service costs),
for a total of $5696.43, upon verification that Plaintiff has no debt to the government which
qualifies for offset against the awarded fees, pursuant to the reasoning in Astrue v. Ratliff, ___
U.S. ___, 130 S. Ct. 2521, 2527 (2010) (EAJA awards fees subject “to a federal administrative
offset if the Litigant has outstanding federal debts”) for full settlement of all claims for fees

1 – ORDER FOR ATTORNEY FEES PURSUANT TO EAJA

under EAJA. Court filing-fees shall be awarded to Plaintiff attorney in the sum of $350.00
pursuant to 28 U.S.C. §1920.
If Plaintiff has no outstanding federal debt, payment of $5696.43 plus $350.00
reimbursement of Court filing-fees shall be made to Plaintiff’s attorney and mailed to his office
at 1700 Valley River Drive, Eugene, OR 97401. If Plaintiff has such debt, the check for any
remaining funds after offset shall be made out to Plaintiff and mailed to counsel’s office at the
address provided above.
July 8
IT IS SO ORDERED this day of _________________________, 2011

/s/ John Jelderks
______________________________
XXXXXXXXX
U.S. District Judge Magistrate Judge
PRESENTED BY:
By:

/s/ DREW L. JOHNSON
Drew L. Johnson, OSB #75200
Of Attorneys for Plaintiff

2 – ORDER FOR ATTORNEY FEES PURSUANT TO EAJA