Montoya v. Social Security Administration

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION OSCAR MONTOYA PLAINTIFF V. Case No. 3:18-CV-00091-JTK ANDREW SAUL, Commissioner, Social Security Administration DEFENDANT ORDER Pending is Plaintiff's Motion for Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (DE #17). In the motion, Plaintiff requests $2,669.07 in fees and expenses. The Commissioner has no objection. After careful consideration, the Court hereby finds that the motion should be granted and Plaintiff be awarded reasonable attorney's fees.

EAJA fees are payable to Plaintiff, not Plaintiffs attorney, and such fees are subject to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff, 130 S. Ct. 2521 (2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff, in care of his attorney, will issue to Plaintiff's attorney.

Accordingly, the Motion for Attorney’s Fees (DE #17) is GRANTED. Plaintiff is awarded $2,669.07.

IT IS SO ORDERED this 23th day of August, 2019.

UNITED STATES MAGISTRATE JUDGE