Hickam v. Commissioner Social Security Administration

Filing 21

ORDER: Granting Plaintiff's Amended Application for Fees Pursuant to EAJA (ECF No. 20 ). Signed on 1/27/2025 by Magistrate Judge Stacie F. Beckerman. (gw)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JASON LEE HICKAM, Case No. 6:24-cv-00171-SB Plaintiff, ORDER v. COMMISSIONER SOCIAL SECURITY ADMINISTRATION, Defendant. ______________________________________ Upon consideration of the parties’ Amended Stipulation for Attorney Fees Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. 2412(d), It is hereby ORDERED that the Amended Stipulation is granted. Defendant shall pay attorney’s fees to Plaintiff pursuant to the EAJA in the amount of Seven Thousand Dollars and 00/100 ($7,000.00) and costs in the amount of Four Hundred Five Dollars and 00/100 ($405.00), to be paid separately from the Judgment Fund, pursuant to 28 U.S.C. § 1920. 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 1 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. IT IS SO ORDERED. DATED this 27th day of January, 2025. ____________________________ HON. STACIE F. BECKERMAN U.S. Magistrate Judge Submitted By: KARL E. OSTERHOUT Osterhout Berger Daley, LLC 521 Cedar Way, Suite 200 Oakmont, PA 15139 412-794-8003 kosterhout@obd.law Attorney for Plaintiff Pro Hac Vice Counsel 2

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