Lidget v. Commissioner, Social Security Administration

Filing 27

ORDER: Granting Stipulated Application for Fees Pursuant to EAJA 25 . Signed on 10/9/2019 by Judge Michael J. McShane. (cp)

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: Susan Marie Lidgett mantha Lillian Barnett

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
SUSAN MARIE LIDGET,

Case No. 3:18-cv-00920-MC
Plaintiff,

V.
COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,

ORDER GRANTING STIPULATED
MOTION FOR AN AWARD OF
ATTORNEY FEES PUSUANT 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 $6,138.65.
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 her right to EAJA
fees to her attorney (see Exhibit B, submitted herewith), if after receiving the Court’s EAJA fee
ORDER GRANTING STIPULATED MOTION FOR AN AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA)

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order the Commissioner determines 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 plaintiff’s attorney, at her
attorney’s 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
plaintiff’s attorney.
IT IS SO ORDERED THIS 9th

day of October, 2019.
s/Michael J. McShane
DISTRICT COURT JUDGE

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

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