Phillips v. Commissioner Social Security Administration

Filing 19

ORDER: Granting the Stipulated Application for Fees Pursuant to EAJA (ECF No. 17 ). Signed on 2/5/2024 by Magistrate Judge Stacie F. Beckerman. (gw)

Rory J. Linerud, OSB # 970061
Rory@LinerudLawFirm; [e-mail]
Linerud Law Firm
PO Box 5734
Salem, OR 97304
Phone: [phone]
Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

SCOTT PHILLIPS,
Plaintiff,
v.
COMMISSIONER, SOCIAL
SECURITY ADMINISTRATION,

Defendant.

)
)
)
)
)
)
)
)
)
)
)

3:23-CV-00148-SB
ORDER AWARDING FEES
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT

IT IS HEREBY STIPULATED by and between the parties through their undersigned
counsel, subject to the approval of the Court, that Plaintiff Scott Phillips be awarded attorney fees
and expenses in the amount of EIGHT THOUSAND, ONE HUNDRED, FIFTY dollars AND
ZERO cents ($8150.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) on
behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C.
§2412(d).
After the Court issues an order for EAJA fees to Plaintiff, the government will consider the
matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s counsel, Rory J. Linerud. Pursuant to
Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor

ORDER - EAJA FEES

1

the assignment will depend on whether the fees are subject to any offset allowed under the United
States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the
government will determine whether they are subject to any offset.
Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines
that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees,
expenses, and costs to be made directly to counsel, pursuant to the assignment executed by
Plaintiff. Any payments made shall be delivered to counsel.
This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA
attorney fees and does not constitute an admission of liability on the part of Defendant under the
EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and
bar to, all claims that Plaintiff and/or counsel including counsel’s firm may have relating to EAJA
attorney fees in connection with this action.
This award is without prejudice to the rights of counsel and/or counsel’s firm to seek Social
Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of
the EAJA.
IT IS SO ORDERED.
5th
February
DATED this ____________
day of ___________,
2024.

Hon. Stacie F. Beckerman
U.S. Magistrate Judge

ORDER - EAJA FEES

2