Borges v. Commissioner Social Security Administration

Filing 25

ORDER: Granting Plaintiff's Stipulated Application for Fees Pursuant to EAJA (ECF No. 22 ). Signed on 11/13/2023 by Magistrate Judge Stacie F. Beckerman. (gw)

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Alan Stuart Graf, OSB # 92317 825 Merrimon Ave, Ste. C PMB # 354 Asheville, NC 28804 Telephone: 931-231-4119 Fax: 931-964-3127 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON AARON B. 6:23-CV-00066-SB Plaintiff, v. ORDER FOR EAJA ATTORNEY FEES Commissioner of Social Security, Defendant. Based upon the stipulation of the parties, Plaintiff is hereby awarded 7,987.46 in fees 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 his right to EAJA fees to his 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 made out to Plaintiff but delivered to Plaintiff’ s attorney at the following address: Alan Stuart Graf, Attorney, 825 Merrimon Ave, Ste C, PMB # 354, Asheville, NC 28804. ORDER FOR EAJA FEES-1 It is so ORDERED. Dated this 13th day of November, 2023 Prepared as to form /s/ Alan Graf Attorney for Plaintiff ORDER FOR EAJA FEES-2 Hon. Stacie F. Beckerman U.S. Magistrate Judge

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