Alan Stuart Graf, OSB # 92317 [email protected] 825 Merrimon Ave, Ste. C PMB # 354 Asheville, NC 28804 Telephone: 931-231-4119 Fax: 931-964-3127 Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

BILLY P. 6:23-CV-0444-HZ

ORDER FOR EAJA A TTORNEY FEES Plaintiff,

v.

Commissioner of Social Security,

Defendant.

Based upon the stipulation of the parties, Plaintiff is here by awarded $8,268.74 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.

It is so ORDERED Dated this 2 9 , day of February 2024

__________________________________ Marco A. Hernandez United States District Judge

Prepared as to form:

/s/ Alan Graf Attorney for Plaintiff