Q v. Commissioner of Social Security

Opinion

1 U.S. MAGISTRATE JUDGE TIFFANY CARTWRIGHT 2

8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 10 SEATTLE DIVISION

11 AMANDA Q, Civil No. 2:24-cv-00972-TMC 12 Plaintiff, 13 vs. 14 15 COMMISSIONER OF SOCIAL ORDER RE: PLAINTIFF’S MOTION SECURITY, FOR EAJA FEES 16 Defendant. 17 18 For the reasons set forth in the parties’ stipulated motion for attorney fees under the 19 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS 20 21 HEREBY ORDERED AS FOLLOWS: 22 Plaintiff is here by awarded $13,133.97 in fees and expenses under the EAJA. Under 23 Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to 24 the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 25 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to Plaintiff and not to 26 27 Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1) 28 determines that Plaintiff has assigned her right to EAJA fees to her attorney; (2) determines that | | Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made 3 payable to Plaintiffs attorney, George Andre Fields, per assignment from Plaintiff. However, if 4 there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to 5 6 waive the requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset 7 | will be paid by a check or electronic fund transfer (EFT) made out to Plaintiff but delivered to 8 | Plaintiff's attorney. 9 This award is without prejudice to the rights of the Law Office of George Andre Fields to 10 seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 11 D provisions of the EAJA pursuant to the terms of the stipulation. 13 DATED this 19th day of May, 2025. Los CL 15 16 UNITED S$ ES DISTRICT JUDGE 17 Ig Respectfully submitted, 19 TEAL LUTHY MILLER 50 Acting United States Attorney 1 REBECCA S. COHEN Assistant United States Attorney 22 73 MATHEW W. PILE Associate General Counsel 24 Office of Program Litigation, Office 7 25 s/ John B. Drenning 26 JOHN B. DRENNING Special Assistant United States Attorney 27 Office of the General Counsel 28 Social Security Administration

1 6401 Security Boulevard Baltimore, MD 21235 2 Telephone: (206) 615-3857 3 john.drenning@ssa.gov

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