Abney v. Commissioner Social Security Administration

Filing 30

ORDER: Granting Application for Fees Pursuant to EAJA 29 in the amount of $5,420.95. Signed on 12/20/2017 by Magistrate Judge Thomas M. Coffin. (plb)

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION
3: 16-CV-1671-TC

DEBORAH MARIE ABNEY,
Plaintiff,
v.
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,

ORDER AW ARD ING ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT

Defendant.
COFFIN, Magistrate Judge:
The parties have stipulated to an award of fees in plaintiffs favor in the amount of $5, 420.95
and agreed such fees are subject to offset under the Treasury Offset Program, 31 U.S.C. §
3716(c)(3)(B) (2006).
The Commissioner has recognized that plaintiff previously assigned her right to EAJA fees
to her attorney. If the Commissioner determines that plaintiff does not owe a debt that is subject to
offset under the Treasury Offset Program, the Commissioner shall waive the requirements of the
Anti-Assignment Act, and the EAJA fees shall be made payable to plaintiffs attorney.

Page 1 - ORDER

....

However, ifthere is a debt owed under the Treasury Offset Program, the Commissioner cannot
agree to waive the requirements of the Anti-Assignment Act, and the remaining EAJA fees after
offset shall be paid by a check made out to plaintiff, but delivered to plaintiffs attorney.

DATED

this~

THOMA~

day of December, 2017

United States Magistrate Judge

Page 2 - ORDER