Reeves v. Commissioner of Social Security

Filing 32

ORDER FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (EAJA), 28 U.S.C. § 2412 re 30 Stipulated Motion, signed by Judge Theresa L Fricke. (GMR)

Case 3:20-cv-06069-TLF Document 32 Filed 01/10/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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MILTON FRANK REEVES,
Plaintiff,

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vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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ORDER FOR ATTORNEY FEES UNDER
THE EQUAL ACCESS TO JUSTICE ACT
(EAJA), 28 U.S.C. § 2412

For the reasons set forth in the parties’ stipulated motion for attorney fees under the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS
HEREBY ORDERED AS FOLLOWS:

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Civil No. 3:20-CV-06069-TLF

Plaintiff is hereby awarded $4,225.00 in attorney fees, $17.25 in expenses (for postage),
and $400.00 in costs (for filing 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

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ORDER - [3:20-CV-06069-TLF]

Case 3:20-cv-06069-TLF Document 32 Filed 01/10/22 Page 2 of 2

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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 AntiAssignment 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 or electronic funds transfer made out to Plaintiff and delivered to
Plaintiff’s attorney, Maren Miller Bam, Esq., 8513 W. 9th Avenue, Kennewick, WA 99336.
DATED this ____10th____ day of ______January_____2022.

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____A________________
UNITED STATES MAGISTRATE JUDGE

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ORDER - [3:20-CV-06069-TLF]