Dawley v. O'Malley

U.S. District Court, District of Minnesota

Dawley v. O'Malley

Trial Court Opinion

                 UNITDEISDT SRTIACTTE OSF D MISITNRNIECSTO CTOAU  RT     


Carol S.D.1                           Case No. 23-cv-1939 (DJF)          

               Plaintiff,                                                

v.                                          ORDER                        

Martin J. O’Malley,                                                      
Commissioner of Social Security,                                         

               Defendant.                                                


    This matter is before the Court on Plaintiff Carol S.D.’s (“Plaintiff”) Motion for Attorney 
Fees (“Motion”) (ECF No. 21).  Plaintiff seeks attorney’s fees in the amount of $4,919.62 
pursuant to the Equal Access to Justice Act, 
28 U.S.C. § 2412
(d)(1)(A) (“EAJA”) to be paid to 
her attorney directly (see ECF No. 21).  The Government does not oppose Plaintiff’s Motion or 
the amount requested (see ECF No. 25).  Based on the parties’ agreement, the Court grants the 
Motion and directs the Government to pay $4,919.62 to Plaintiff’s attorney, Edward C. Olson.  
    In accordance with Astrue v. Ratliff, 
560 U.S. 586
 (2010), the EAJA fees may be subject 
to offset to satisfy any preexisting debit that Plaintiff may owe the United States.  If, after 
receiving the Court’s EAJA fee order, the Commissioner: (1) determines that Plaintiff does not 
owe a debt that is subject to offset under the Treasury Offset Program; and (2) agrees to waive 
the requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to 
Plaintiff’s attorney, Edward C. Olson.  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 

    1  This District has adopted a policy of using only the first name and last initial of any 
nongovernmental parties in orders in Social Security matters.             
Plaintiff.                                                                
    Any checks issued for payment (regardless of whether the check is made out to Plaintiff 
or to Plaintiff’s attorney) shall be delivered to Plaintiff’s attorney at Reitan Law Office, 80 S. 
8th Street, Suite 900, Minneapolis, MN 55402.                             
IT IS SO ORDERED.                                                         

Dated: December 6, 2024            s/ Dulce J. Foster                     
                                  DULCE J. FOSTER                        
                                  United States Magistrate Judge         

Trial Court Opinion

                 UNITDEISDT SRTIACTTE OSF D MISITNRNIECSTO CTOAU  RT     


Carol S.D.1                           Case No. 23-cv-1939 (DJF)          

               Plaintiff,                                                

v.                                          ORDER                        

Martin J. O’Malley,                                                      
Commissioner of Social Security,                                         

               Defendant.                                                


    This matter is before the Court on Plaintiff Carol S.D.’s (“Plaintiff”) Motion for Attorney 
Fees (“Motion”) (ECF No. 21).  Plaintiff seeks attorney’s fees in the amount of $4,919.62 
pursuant to the Equal Access to Justice Act, 
28 U.S.C. § 2412
(d)(1)(A) (“EAJA”) to be paid to 
her attorney directly (see ECF No. 21).  The Government does not oppose Plaintiff’s Motion or 
the amount requested (see ECF No. 25).  Based on the parties’ agreement, the Court grants the 
Motion and directs the Government to pay $4,919.62 to Plaintiff’s attorney, Edward C. Olson.  
    In accordance with Astrue v. Ratliff, 
560 U.S. 586
 (2010), the EAJA fees may be subject 
to offset to satisfy any preexisting debit that Plaintiff may owe the United States.  If, after 
receiving the Court’s EAJA fee order, the Commissioner: (1) determines that Plaintiff does not 
owe a debt that is subject to offset under the Treasury Offset Program; and (2) agrees to waive 
the requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to 
Plaintiff’s attorney, Edward C. Olson.  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 

    1  This District has adopted a policy of using only the first name and last initial of any 
nongovernmental parties in orders in Social Security matters.             
Plaintiff.                                                                
    Any checks issued for payment (regardless of whether the check is made out to Plaintiff 
or to Plaintiff’s attorney) shall be delivered to Plaintiff’s attorney at Reitan Law Office, 80 S. 
8th Street, Suite 900, Minneapolis, MN 55402.                             
IT IS SO ORDERED.                                                         

Dated: December 6, 2024            s/ Dulce J. Foster                     
                                  DULCE J. FOSTER                        
                                  United States Magistrate Judge         

Reference

Status
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