IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

TERESA C. Herrera 6:20-cv-1957-MO

. Plamtitt . ORDER FOR EAJA V. ATTORNEY FEES Commissioner of Social Security, Defendant.

Based upon the stipulation of the parties, Plaintiff is here by awarded $11,500.00 in fees under the EAJA. Under Astrue v. Ratliff,

(2010), EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (

(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to Plaintiff and not to Plaintiff s attorney. If, after receiving the Court’ s EAJA fee order, the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff s attorney. 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 Plaintiff but delivered to Plaintiff’ s attorney at the following address: Alan Stuart Graf, Attorney, 825 Merrimon Ave, Ste C, PMB # 354, Asheville, NC 28804.

ORDER FOR EAJA FEES-1

It is so ORDERED Dated this ( ary, of September 2023

United States Ad ‘Ct Judge Prepared as to form

/s/ Alan Graf Attorney for Plaintiff

ORDER FOR EAJA FEES-2