Davidson v. Commissioner Social Security Administration

Filing 22

ORDER (re: EAJA Fees). Signed on 7/8/2024 by Magistrate Judge Jeff Armistead. (pvh)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF OREGON JENNIFER MARIE DAVIDSON, Civil No. 3:23-cv-00872-AR Plaintiff, ORDER v. COMMISSIONER OF SOCIAL SECURITY, Defendant. For the reasons set forth in the parties’ stipulated motion for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS HEREBY ORDERED AS FOLLOWS: 1. Plaintiff is here by awarded $13,000.00 in fees and expenses under the EAJA. 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)). Any EAJA fees should therefore be awarded to Plaintiff and not to Plaintiff’ s attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1) determines that Plaintiff has assigned her right to EAJA fees to her attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’ s attorney. However, if there 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 will be paid by a check or electronic fund transfer (EFT) made out to Plaintiff but delivered to Plaintiff’s attorney. Page 1 DEFENDANT’S ORDER ON STIPULATED MOTION FOR ATTORNEY FEES - 3:23-CV-00872-AR 2. Plaintiff is awarded costs, as provided in 28 U.S.C. § 1920, in the amount of $402.00. Payment of costs may be made either by EFT or by check. . IT IS SO ORDERED this _________ day of ____________ 2024. 8th July ____________________________________ /s/ Jeff Armistead UNITED STATES MAGISTRATE JUDGE Page 2 DEFENDANT’S ORDER ON STIPULATED MOTION FOR ATTORNEY FEES - 3:23-CV-00872-AR Submitted by: NATALIE K. WRIGHT, OSB #035576 United States Attorney District of Oregon KEVIN DANIELSON, OSB #065860 Executive Assistant U.S. Attorney Mathew Pile Associate General Counsel Office of Program Litigation, Office 7 s/ Delores Montgomery DELORES MONTGOMERY, CA BAR #267878 Special Assistant U.S. Attorney Office of Program Litigation, Office 3 Office of the General Counsel Social Security Administration Attorneys for Defendant Page 3 DEFENDANT’S ORDER ON STIPULATED MOTION FOR ATTORNEY FEES - 3:23-CV-00872-AR

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?