Ruiz v. Commissioner of Social Security Administration
This text of Ruiz v. Commissioner of Social Security Administration (Ruiz v. Commissioner of Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Rebecca Ruiz, No. CV-18-0292-TUC-BGM
10 Plaintiff,
11 v. ORDER
12 Andrew Saul, Commissioner of Social Security, 13 Defendant. 14 15 Currently pending before the Court is the Parties’ Stipulated Motion for Award of 16 Attorney Fees Pursuant to the Equal Access to Justice Act, 26 U.S.C. § 2412(d) (Doc. 17 24). Having reviewed the same, and good cause appearing, IT IS HEREBY ORDERED 18 that the Parties’ motion (Doc. 24) is GRANTED. 19 IT IS FURTHER ORDERED that Plaintiff be awarded attorney’s fees of 20 $1,847.55 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). 21 EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset 22 under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). See Astrue v. 23 Ratliff, 560 U.S. 586, 595–98, 130 S.Ct. 2521, 2528–29, 177 L.Ed.2d 91 (2010). As 24 such, IT IS FURTHER ORDERED that if, after receiving this Order, the Commissioner 25 determines upon its effectuation that Plaintiff does not owe a debt that is subject to offset 26 under the Treasury Offset Program, fees will be made payable to Plaintiff’s attorney. If, 27 however, there is a debt owed that is subject to offset under the Treasury Offset Program, 28 the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but □□ delivered to Plaintiff's attorney. Any check for EAJA fees shall be mailed to Plaintiffs || counsel at the following address: Hallinan & Killpack Law Firm, 5240 East Pima Street, Tucson, Arizona 85712. 4 Dated this 31st day of January, 2020. ° See PD Pe 6 Honorable Bruce G. Macdonald United States Magistrate Judge 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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Ruiz v. Commissioner of Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-commissioner-of-social-security-administration-azd-2020.