Rangel v. Commissioner of Social Security Administration

Opinion

WO

Yolanda Rangel, No. CV-19-00875-PHX-DWL

Plaintiff, ORDER

v.

Commissioner of Social Security Administration, Defendant. Pending before the Court are (1) Plaintiff’s motion for an award of attorneys’ fees under the Equal Access to Justice Act (“EAJA”) seeking $8,014.23 (Doc. 25) and (2) a stipulation1 by the parties that Plaintiff be awarded $7,214.23 in EAJA fees and expenses (Doc. 26). IT IS ORDERED that the parties’ Stipulation for Award of Attorney Fees under the Equal Access to Justice Act (Doc. 26) is granted and Plaintiff is awarded $7,214.23 in EAJA fees and expenses. The motion (Doc. 25) is denied as moot. IT IS FURTHER ORDERED that, pursuant to the parties’ stipulation, if the government determines that Plaintiff does not owe a debt subject to offset under the Treasury Offset Program, 31 U.SC. § 3716(c), and the government agrees to waive the requirements of the Anti-Assignment Act, 31 U.S.C. § 3727, the government shall pay the EAJA award to Plaintiff’s counsel. If there is a debt owed under the

1 “Ideally, of course, litigants will settle the amount of a fee. Where settlement is not possible, the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.” Hensley v. Eckerhart, 461 U.S. 424, 437 (1983). Treasury Offset Program, the remaining EAJA award after offset will be paid by a check made out to Plaintiff but delivered to Plaintiffs counsel. Dated this 27th day of August, 2020. im =? f t _ Dominic W. Lanza United States District Judge

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