Demarco Torres v. Commissioner Social Security Administration

Filing 23

ORDER: Granting the parties' Stipulated Application for Fees Pursuant to EAJA 22 . It is hereby Ordered that Defendant shall pay attorney's fees to Plaintiff pursuant to the EAJA in the amount of $9,306.67 and costs in the amount of $402.00 for the filing of the complaint. Signed on 2/5/24 by Magistrate Judge Jolie A. Russo. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION
JESSE DEMARCO TORRES,
Plaintiff,
v.
MARTIN O’MALLEY,
COMMISSIONER OF
SOCIAL SECURITY,

Case No: 6:22-cv-01927-JR

ORDER

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 Nine Thousand Three Hundred Six Dollars and
67/100 ($9,306.67). Plaintiff’s counsel also requests $402.00 in costs expended for the filing of
the complaint. Costs and expenses are treated differently under the statute, see 28 U.S.C. §
2412(a)(1), (d), and are paid separately out of two separate funds.
Pursuant to Astrue v. Ratliff, 130 S.Ct 2521, 2528-29 (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.
Dated: ______________
2/5/2024

/s/ Jolie A. Russo
_____________________________________
Jolie A. Russo
U.S. Magistrate Judge