Reeves v. Commissioner of Social Security

UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION MILTON FRANK REEVES, Civil No. 3:20-CV-06069-TLF Plaintiff, vs. 13 ORDER FOR ATTORNEY FEES UNDER COMMISSIONER OF SOCIAL SECURITY, THE EQUAL ACCESS TO JUSTICE ACT 14 (EAJA), 28 U.S.C. § 2412 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 $4,225.00 in attorney fees, $17.25 in expenses (for postage), and $400.00 in costs (for filing 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 funds transfer made out to Plaintiff and delivered to Plaintiff’s attorney, Maren Miller Bam, Esq., 8513 W. 9th Avenue, Kennewick, WA 99336.

DATED this ____10th____ day of ______January_____2022.

10 ____A________________ UNITED STATES MAGISTRATE JUDGE