Upham v. Commissioner Social Security Administration

Filing 32

ORDER: Granting Stipulated Motion for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act (EAJA). Signed on 3/6/2017 by Judge Garr M. King. (joha)

Sara L. Gabin, OSB #81234
Internet E-mail address: [e-mail]
Sara L. Gabin, P.C., Attorney at Law
14523 Westlake Drive
Lake Oswego, Oregon, OR 97035-7700
Telephone: [phone]
Fax: [phone]
Attorney(s) for: Randy Allen Upham

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
RANDY ALLEN UPHAM,

Case No. 3:15-cv-1644 KI
Plaintiff,

V.
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,

ORDER GRANTING STIPULATED
MOTION FOR AN AWARD OF
ATTORNEY FEES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT
(EAJA)

Defendant.

This matter having come before the court upon the Stipulated Motion of the parties, and
this court being otherwise fully advised
IT IS HEREBY ORDERED that plaintiff is awarded Equal Access to Justice (EAJA)
Fees in the amount of $5,869.77.
IT IS FURTHER HEREBY ORDERED that under Astrue v. Ratliff, 130 S.Ct 2521,
2528-29 (2010), EAJA fees awarded by this Court belong to the plaintiff and are subject to offset
under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)).
IT IS FURTHER HEREBY ORDERED that plaintiff having assigned his right to EAJA
fees to his attorney, if after receiving the Court’s EAJA fee order the Commissioner determines
ORDER GRANTING STIPULATED MOTION FOR AN AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA)

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that plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, the
Commissioner agrees to waive the requirements of the Anti-Assignment Act and the EAJA fees
will be made payable to plaintiffs attorney, at her address: 14523 Westlake Drive, Lake
Oswego, OR 97035 ..
IT IS FURTHER HEREBY ORDERED that, if there is a debt owed under the Treasury
Offset Program, the requirements of the Anti-Assignment Act cannot be waived, and the
remaining EAJA fees after offset will be paid by a check made out to plaintiff but delivered to
plaintiffs attorney.
IT IS SO ORDERED THIS

_(p day of March, 2017.
__

DISSTRICT COURT JUDGE

ORDER GRANTING STIPULATED MOTION FOR AN AWARD OF ATTORNEY FEE~
PURSUANT TO THE EQUAL ACCESS TO ruSTICE ACT (EAJA)

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