Lowe v. Commissioner Social Security Administration
Lowe v. Commissioner Social Security Administration
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF OREGON JOSEPH LOWE, Civil No. 3:23-cv-00621-AA Plaintiff, v. ORDER FOR ATTORNEY’S FEES COMMISSIONER, SOCIAL SECURITY ADMINISTRATION Defendant. Finding that all the criteria for an application for attorney’s fees have been met pursuant to
28 U.S.C. § 2412(d), and there being no objection, IT IS ORDERED. Plaintiff is awarded reasonable attorney’s fees in the amount of $3,725. 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 made out to Plaintiff but delivered to Plaintiff’ s attorney. IT IS SO ORDERED this ___2_1_st____ day of May , 2024.
__/s_/_A_n_n_ _A_i_k_e_n________________________ UNITED STATES DISTRICT JUDGE Submitted by: s/Corinne Schram CORINNE SCHRAM OSB#160234 Attorney for Plaintiff (503)243-2081 ext. 217
Reference
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