Garner v. Commissioner Social Security Administration

Filing 32

ORDER: Granting Application for Fees Pursuant to EAJA 29 . Signed on 1/3/2025 by Magistrate Judge Andrew D. Hallman. (ecp)

Alan Stuart Graf, OSB # 92317
[e-mail]
825 Merrimon Ave, Ste. C
PMB # 354
Asheville, NC 28804
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MATTHEW G.
Plaintiff,
v.

6:24-CV-00385-HL
ORDER FOR EAJA
ATTORNEY FEES

Commissioner of Social Security,
Defendant.

Based upon the stipulation of the parties, Plaintiff is here by awarded $5,000.00 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

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Dated this 3 , day of January, 2025

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United States Magistrate Judge

Prepared as to form
/s/ Alan Graf
Attorney for Plaintiff

ORDER FOR EAJA FEES-2