Jones v. Commissioner Social Security Administration
This text of Jones v. Commissioner Social Security Administration (Jones v. Commissioner Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Alan Stuart Graf, OSB # 923171 alanstuartgraf@gmail.com 825 Merrimon Ave, Ste C # 354 Asheville, NC 28804 Phone No: 931-231-4119 Fax No. 931-964-3127 Email: alanstuartgraf@gmail.com IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON TAMMY J. 1:23-CV-01176-MK
Plaintiff,
v. ORDER FOR EQUAL ACCESS TO JUSTICE FEES MARTIN 0'MALLEY, Commissioner of Social Security, Defendant. Based upon the stipulation of the parties, Plaintiff is here by awarded $6437.33 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 made out to Plaintiff but delivered to Plaintiff’ s attorney at the following address: Alan Stuart Graf, Attorney, 825 Merrimon Ave, Ste C, PMB # 354, Asheville, NC 28804.
It is so ORDERED Dated t h i s 3 r d , day of June 2024 s/ Mustafa T. Kasubhai MUSTAFA T. KASUBHAI (He / Him) United States Magistrate Judge Prepared as to form /s/ Alan Graf Attorney for Plaintiff
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Jones v. Commissioner Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-commissioner-social-security-administration-ord-2024.