Smith v. Saul

District Court, D. Montana

Smith v. Saul

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION

JENNIFER J. SMITH, NO.: CV-19-06-GF-BMM-JTJ Plaintiff,

vs.

ANDREW SAUL, Commissioner of ORDER AWARDING EAJA FEES Social Security Administration,

Defendant.

Plaintiff Jennifer J. Smith (“Smith”), by and through her attorney, John E. Seidlitz, Jr., moves under the Equal Access to Justice Act ("EAJA"),

28 U.S.C. §2412

(d), for attorney fees incurred in prosecuting her Social Security appeal. She requests $10,406.18 in fees. Defendant Commissioner of Social Security ("Commissioner") does not object to Smith’s application for fees in this amount. IT IS HEREBY ORDERED that attorney fees in the amount of $10,406.18 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act,

28 U.S.C. §2412

. Attorney fees will be paid to Plaintiff’s attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff,

130 S.Ct. 2521

(2010). If Plaintiff has no such debt, then the check shall be made out to Plaintiff's attorney and mailed to Plaintiffs attorney’s office as follows: Seidlitz Law Office P.O. Box 1581 Great Falls, MT 59403-1581 If Plaintiff has a debt, then the check for any remaining funds after offset of the debt shall be made to Plaintiffs attorney and mailed to Plaintiffs attorney’s office at the address stated above. DATED this 14" day of October, 2020.

3 : CV NIA

United States District Court

Reference

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