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
- Unknown