Davidson v. Commissioner Social Security Administration
Davidson v. Commissioner Social Security Administration
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF OREGON JENNIFER MARIE DAVIDSON, Civil No. 3:23-cv-00872-AR Plaintiff, ORDER v. COMMISSIONER OF SOCIAL SECURITY, Defendant. For the reasons set forth in the parties’ stipulated motion for attorney fees under the Equal
Access to Justice Act (EAJA),
28 U.S.C. § 2412, et seq., and good cause shown, IT IS HEREBY ORDERED AS FOLLOWS: 1. Plaintiff is here by awarded $13,000.00 in fees and expenses under the EAJA. Under Astrue v. Ratliff,
130 S. Ct. 2521, 2528-29(2010), EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (
31 U.S.C. § 3716(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 her right to EAJA fees to her 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 or electronic fund transfer (EFT) made out to Plaintiff but delivered to Plaintiff’s attorney. 2. Plaintiff is awarded costs, as provided in
28 U.S.C. § 1920, in the amount of $402.00. Payment of costs may be made either by EFT or by check. . IT IS SO ORDERED this __8_th_ _ _ _ _ _ d a y o f _ _J_u_ly________ 2024.
______/s_/_ J_e_f_f _A_r_m_i_s_te_a_d_ ________________ UNITED STATES MAGISTRATE JUDGE Submitted by:
NATALIE K. WRIGHT, OSB #035576 United States Attorney District of Oregon KEVIN DANIELSON, OSB #065860 Executive Assistant U.S. Attorney Mathew Pile Associate General Counsel Office of Program Litigation, Office 7
s/ Delores Montgomery DELORES MONTGOMERY, CA BAR #267878 Special Assistant U.S. Attorney Office of Program Litigation, Office 3 Office of the General Counsel Social Security Administration Attorneys for Defendant
Reference
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