Daniel v. Commissioner of Social Security Administration

Opinion

WO Armando Daniel, No. CV-15-0452-TUC-BGM

Plaintiff,

v. ORDER

Andrew Saul, Commissioner of Social Security, Defendant. Currently pending before the Court is Plaintiff’s Motion for Attorney Fees Under the Equal Access to Justice Act (Doc. 27). Defendant does not object to the fees requested. See Def.’s Response to Pl.’s Mot. for Attorney Fees (Doc. 33). Having reviewed the same, and good cause appearing, IT IS HEREBY ORDERED that Plaintiff’s motion (Doc. 27) is GRANTED. IT IS FURTHER ORDERED that Plaintiff be awarded attorney’s fees of $7,714.84 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). 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)). See Astrue v. Ratliff, 560 U.S. 586, 595–98, 130 S.Ct. 2521, 2528–29, 177 L.Ed.2d 91 (2010). As such, IT IS FURTHER ORDERED that if, after receiving this Order, the Commissioner determines upon its effectuation that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, fees will be made payable to Plaintiff’s attorney, Blair Ariel Feldman. If, however, there is a debt owed that is subject to offset under the Treasury Offset Program, the remaining EAJA fees after offset will be paid by a check made out to Plaintiff, but delivered to Plaintiffs attorney, Blair Ariel Feldman. Dated this 20th day of August, 2019. : Co Peru Honorable Bruce G. Macdonald United States Magistrate Judge

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