Garner v. Commissioner Social Security Administration

District Court, D. Oregon

Garner v. Commissioner Social Security Administration

Trial Court Opinion

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 MATTHEW G. 6:24-CV-00385-HL

Plaintiff, ORDER FOR EAJA v. ATTORNEY FEES Commissioner of Social Security, Defendant. Based upon the stipulation of the parties, Plaintiff is here by awarded $5,000.00 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. It is so ORDERED Dated this 3, day of Tanuary 2025_ United States Magistrate Judge Prepared as to form

/s/ Alan Graf Attorney for Plaintiff

Reference

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