Kilbourne v. Commissioner Social Security Administration

Filing 33

ORDER: Granting Stipulated Application for Fees Pursuant to EAJA 32 .(See formal 2 page Order for details. ) Signed on 7/26/2011 by Judge Ancer L. Haggerty. (sd)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

LISA LEE KILBORNE,
Plaintiff,

Civil No. 3:09-6367-HA
ORDER

v.
MICHAEL J. ASTRUE, Commissioner
of Social Security,
Defendant.

HAGGERTY, District Judge:
After considering the Stipulated Motion [32] of the parties, the Commissioner is ordered
to pay plaintiff's attorney the sum of $9,772.75 for full settlement of all claims for fees pursuant
to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. This final EAJA fee award is
based on the amount previously awarded on June 23, 2011 of $8,605.93, plus the stipulated
amount of $1,166.82 for reasonable time expended litigating counsel's entitlement to an EAJA
award.
Upon verification that plaintiff has no debt to the government which qualifies for offset
pursuant to the reasoning in Astrue v. Ratliff, ___ U.S. ___, 130 S. Ct. 2521, 2527 (2010) (EAJA
1 -- ORDER

awards fees subject "to a federal administrative offset if the Litigant has outstanding federal
debts"), payment of $9,772.75 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.
IT IS SO ORDERED.
DATED this 26th day of July, 2011.
/s/ Ancer L. Haggerty
Ancer L. Haggerty
United States District Judge

2 -- ORDER