Patricia Miller v. Commissioner, Social Security Administration

Rory J. Linerud, OSB # 970061 Rory@LinerudLawFirm; [email protected] Linerud Law Firm PO Box 5734 Salem, OR 97304 Phone: (971) 218-6954 Attorney for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION PATRICIA MILLER, ) ) Plaintiff, ) ) v. ) CIVIL No. 36:25-CV-01024-SI ) COMMISSIONER, SOCIAL ) ORDER AWARDING FEES SECURITY ADMINISTRATION, ) PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT ) 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: Plaintiff is hereby awarded $8,000.00 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 or electronic fund transfer (EFT) made out to Plaintiff but delivered to Plaintiff s attorney.

IT IS SO ORDERED.

DATED this 4th day of _ May , 2026.

Lh fast MICHAEL H. SIMON UNITED STATES DISTRICT COURT JUDGE Presented by: /s/ Rory J. Linerud RORY J. LINERUD Oregon State Bar #970061 Attorney for Plaintiff Linerud Law Firm PO Box 5734 Salem, OR 97304 Phone: (971)218-6954 Email: [email protected] Fax: (503)877-6691 ORDER - EAJA FEES