Q v. Commissioner of Social Security

Opinion

U.S. MAGISTRATE JUDGE TIFFANY CARTWRIGHT

WESTERN DISTRICT OF WASHINGTON

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

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