Fischer v. Commissioner Social Security Administration

Filing 23

ORDER: Application for Fees Pursuant to EAJA 20 DENIED as MOOT. Application for Fees Pursuant to EAJA 22 is GRANTED. Signed on 8/9/17 by Magistrate Judge Patricia Sullivan. (dsg)

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Sherwood J. Reese Drew L. Johnson, P.C. 1700 Valley River Drive Eugene, OR 97401 (541) 434-6466 Attorneys for Plaintiff UNITED STATES COURT DISTRICT COURT DISTRICT OF OREGON LEE J. FISCHER, Civil No. 6:16-cv-00740-SU Plaintiff, vs. ORDER FOR ATTORNEY FEES PURSUANT TO EAJA (Corrected as to Case Number) Commissioner of Social Security Administration, Defendant. ____________________________________ After considering the Stipulated Motion of the parties submitted herein, Order hereby grants that Commissioner shall pay the sum of $7707.20 in attorney fees and expenses of $22.08 (Service), for a total of $7729.28, upon verification that Plaintiff has no debt to the government which qualifies for offset against the awarded fees, pursuant to the reasoning in Astrue v. Ratliff, 560 U.S. 586, 130 S. Ct. 2521, 2527 (2010) (EAJA awards fees subject “to a federal administrative offset if the Litigant has outstanding federal debts”) for full settlement of all 1 – ORDER FOR ATTORNEY FEES PURSUANT TO EAJA claims for fees under EAJA. Costs for court filing-fees shall be awarded to Plaintiff attorney in the sum of $400.00 pursuant to 28 U.S.C. §1920. If Plaintiff has no outstanding federal debt, payment of $7707.20 in attorney fees, $22.08 in costs plus $400.00 reimbursement of Court filing-fees shall be made to Plaintiff’s attorney Drew L. Johnson and mailed to his office at 1700 Valley River Drive, Eugene, OR 97401. If Plaintiff has such debt, the check for any remaining funds after offset shall be made out to Plaintiff and mailed to counsel’s office at the address provided above. 9th IT IS SO ORDERED this day of August _____, 2017 /s/ Patricia Sullivan ______________________________ U.S. District Judge/Magistrate Judge PRESENTED BY: By: /s/ SHERWOOD J. REESE Sherwood J. Reese, OSB #144130 Of Attorneys for Plaintiff 2 – ORDER FOR ATTORNEY FEES PURSUANT TO EAJA

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