Hayes v. Commissioner Social Security Administration

Filing 22

ORDER: It is hereby Ordered that the parties' Stipulation for Attorney Fees 21 is Granted. Defendant shall pay attorney's fees to Plaintiff pursuant to the EAJA in the amount of $7,635.45. Signed on 10/23/18 by Magistrate Judge Jolie A. Russo. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DONALD JAMES HAYES,
Plaintiff,
Case No: 6:17-cv-1358-JR
v.

Order

COMMISSIONER,
SOCIAL SECURITY
ADMINISTRATION,
Defendant.
Upon consideration of the parties’ Stipulation for Attorney Fees Under the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. 2412(d),
It is hereby ORDERED that the stipulation is granted. Defendant shall pay attorney’s fees
to Plaintiff pursuant to the EAJA in the amount of Seven Thousand Six Hundred Thirty-Five
Dollars and 45/100 ($7,635.45).
Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), EAJA fees awarded by this Court belong
to Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)
(2006)). If after receiving the Court’s EAJA fee order, the Commissioner determines upon
effectuation of the Court’s EAJA fee order that Plaintiff does not owe a debt that is subject to
offset under the Treasury Offset Program, the fees will be made payable to Plaintiff’s attorney.
However, if there is a debt owed that is subject to offset under the Treasury Offset Program, any
remaining EAJA fees after offset will be paid by a check payable to Plaintiff but delivered to
Plaintiff’s attorney.

23
DATED this ___ day of October 2018.
______________________________
Jolie A. Russo
United States Magistrate Judge

Page 1 - Order