Daniel v. Commissioner of Social Security Administration

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Armando Daniel, No. CV-15-0452-TUC-BGM

10 Plaintiff,

11 v. ORDER

12 Andrew Saul, Commissioner of Social Security, 13 Defendant. 14 15 Currently pending before the Court is Plaintiff’s Motion for Attorney Fees Under 16 the Equal Access to Justice Act (Doc. 27). Defendant does not object to the fees 17 requested. See Def.’s Response to Pl.’s Mot. for Attorney Fees (Doc. 33). Having 18 reviewed the same, and good cause appearing, IT IS HEREBY ORDERED that 19 Plaintiff’s motion (Doc. 27) is GRANTED. 20 IT IS FURTHER ORDERED that Plaintiff be awarded attorney’s fees of 21 $7,714.84 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). 22 EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset 23 under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). See Astrue v. 24 Ratliff, 560 U.S. 586, 595–98, 130 S.Ct. 2521, 2528–29, 177 L.Ed.2d 91 (2010). As 25 such, IT IS FURTHER ORDERED that if, after receiving this Order, the Commissioner 26 determines upon its effectuation that Plaintiff does not owe a debt that is subject to offset 27 under the Treasury Offset Program, fees will be made payable to Plaintiff’s attorney, 28 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. 3 Dated this 20th day of August, 2019. : Co Peru 5 Honorable Bruce G. Macdonald 6 United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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