Hughes v. Commissioner Social Security Administration

Filing 24

ORDER - Plaintiff's application for attorney's fees (Dkt. 21 ) is GRANTED. Signed on 9/26/2014 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DOUGLAS HUGHES, JR.,
Plaintiff,

Case No. 3:13-cv-00480-SI
ORDER

v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
Michael H. Simon, District Judge.
On July 16, 2014, the Court reversed the Commissioner’s determination that Plaintiff
was not disabled and remanded the matter back to the agency for further proceedings. Dkt. 19.
Before the Court is Plaintiff’s stipulated application for attorney’s fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Dkt. 21.
The EAJA authorizes the payment of attorney’s fees to a prevailing party in an action
against the United States, unless the government shows that its position in the underlying
litigation “was substantially justified.” 28 U.S.C. § 2412(d)(1)(A). Although the EAJA creates a
presumption that fees will be awarded to a prevailing party, Congress did not intend fee shifting
to be mandatory. Flores v. Shalala, 49 F.3d 562, 567 (9th Cir. 1995). The decision to deny EAJA
attorney’s fees is within the discretion of the court. Id.; Lewis v. Barnhart, 281 F.3d 1081, 1083
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(9th Cir. 2002). A social security claimant is the “prevailing party” following a sentence-four
remand pursuant to 42 U.S.C. § 405(g) either for further administrative proceedings or for the
payment of benefits. Flores, 49 F.3d at 567-68 (citing Shalala v. Schaefer, 509 U.S. 292, 300
(1993)). Fee awards under the EAJA are paid to the litigant, and not the litigant’s attorney,
unless the litigant has assigned his or her rights to counsel to receive the fee award. Astrue v.
Ratliff, 560 U.S. 586, 596-98 (2010).
Plaintiff seeks an award of attorney’s fees in the amount of $690.53. Defendant stipulates
to this fee award. The Court has reviewed Plaintiff’s motion and agrees with the parties that the
EAJA petition is proper and the amount requested is reasonable.
Therefore, Plaintiff’s application for attorney’s fees (Dkt. 21) is GRANTED. Plaintiff is
awarded $690.53 for attorney’s fees under 28 U.S.C. § 2412. EAJA fees are subject to any
offsets allowed under the Treasury Offset Program, as discussed in Ratliff, 560 U.S. at 593-94.
Because Plaintiff has filed with the Court an assignment of EAJA fees to his counsel (Dkt. 23-1),
if Plaintiff has no debt subject to the Treasury Offset Program, then Defendant shall cause the
check to be made payable to Plaintiff’s attorney and mailed to Plaintiff’s attorney. If Plaintiff
owes a debt subject to the Treasury Offset Program, then the check for any remaining funds after
offset of the debt shall be payable to Plaintiff and mailed to Plaintiff’s attorney.
IT IS SO ORDERED.
DATED this 26th day of September, 2014.

/s/ Michael H. Simon
Michael H. Simon
United States District Judge

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