Knoll v. Commissioner Social Security Administration
Knoll v. Commissioner Social Security Administration
Trial Court Opinion
Alan Stuart Graf, OSB # 923171 [email protected] 825 Merrimon Ave, Ste C # 354 Asheville, NC 28804 Phone No: 931-231-4119 Fax No. 931-964-3127 Email: [email protected] IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON TRAVIS K. 1:23-CV-00932-YY Plaintiff, ORDER FOR EQUAL v. ACCESS TO JUSTICE FEES MARTIN 0'MALLEY, Commissioner of Social Security, Defendant. Based upon the stipulation of the parties, Plaintiff is here by awarded $10,015.98 in fees 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 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 or by Electronic Deposit in the account of Alan Stuart Graf, Attorney.
It is so ORDERED Dated this 25th day of September, 2024
Gober ge Gor Youlee Yim You Prepared as to form United States Magistrate Judge /s/ Alan Graf Attorney for Plaintiff
ORDER — 2
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