Nusbaum v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 SEATTLE DIVISION KIMBERLY LYNN NUSBAUM, Civil No. 2:21-CV-00441-DWC 11 Plaintiff, 12 vs. ORDER ON MOTION FOR ATTORNEY’S FEES COMMISSIONER OF SOCIAL SECURITY, 14 Defendant.

15 For the reasons set forth in the parties’ stipulated response to Plaintiff’s motion for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, the Motion (Dkt. 24) is granted as follows: 18 Plaintiff is hereby awarded $6,040.07 in fees and $23.44 in expenses under the EAJA.

19 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 via check or electronic fund transfer. 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.

DATED this 3rd day of April, 2022.

A David W. Christel United States Magistrate Judge

Presented by: s/ Erin F. Highland ERIN F. HIGHLAND Special Assistant United States Attorney Office of the General Counsel Social Security Administration Fifth Avenue, Suite 2900 M/S 221A Seattle, WA 98104-7075 Telephone: (206) 615-2495 Fax: (206) 615-2531 [email protected]