Trautman v. O' Malley
Trautman v. O' Malley
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 STEVEN RAY T., Case No.: 24-cv-74-KSC
12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION FOR THE AWARD AND PAYMENT OF ATTORNEY'S FEES 14 MARTIN O’MALLEY, Commissioner of AND EXPENSES [Doc. No. 15.] Social Security, 15 Defendant. 16
17 On January 10, 2024, plaintiff Steven Ray T. commenced an action against the 18 Commissioner of Social Security seeking review of a final adverse decision of the 19 Commissioner. Doc. No. 1. On May 23, 2024, pursuant to the parties’ Joint Motion, the 20 Court issued an Order remanding the case to the agency for further administrative 21 proceedings. Doc. Nos. 13, 14. 22 Before the Court is the parties’ Joint Motion for the Award and Payment of 23 Attorney’s Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. 24 Section 2412(d) and Costs Pursuant to Title
28, United States Code, Section 1920. Doc. 25 No. 15 (the “Joint Motion”). Based on the parties’ agreement and the information 26 presented in the Joint Motion, IT IS HEREBY ORDERED that plaintiff, STEVEN RAY 27 T., is awarded attorney’s fees and expenses in the amount of 3,200 under the Equal Access 28 1 || to Justice Act “EAJA”),
28 U.S.C. Section 2412(d). This amount represents compensation 2 costs for all legal services rendered by counsel on plaintiff's behalf in connection with 3 || this civil action. 4 Following the issuance of this Order, the government will consider the matter of 5 || plaintiff’s contractual assignment of EAJA fees to Law Offices of Lawrence D. Rohlfing, 6 CPC. The ability to honor the assignment will depend on whether the fees are subject 7 || to any offset allowed under the United States Department of the Treasury's Offset Program. 8 || See Astrue v. Ratliff,
560 U.S. 586, 597(2010). Upon entry of this Order, the government 9 || will determine whether they are subject to any offset. 10 Fees shall be made payable to Steven Ray T., but if the Department of the Treasury 11 determines that Steven Ray T. does not owe a federal debt, then the government shall cause 12 || the payment of fees, expenses, and costs to be made directly to Law Offices of Lawrence 13 ||D. Rohlfing, Inc., CPC. This Order is without prejudice to the rights of Lawrence D. 14 ||Rohlfing and/or the Law Offices of Lawrence D. Rohlfing, Inc., CPC to seek Social 15 ||Security Act attorney fees under
42 U.S.C. § 406(b), subject to the savings clause 16 || provisions of the EAJA. 17 || Dated: June 25, 2024 A
19 Hori. Karen 8S. Crawford United States Magistrate Judge 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown