Starr v. Commissioner of Social Security Administration

D. Arizona

Starr v. Commissioner of Social Security Administration

DecidedSeptember 11, 2023

Docket2:22-cv-01578

StatusUnknown

This text of Starr v. Commissioner of Social Security Administration (Starr 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.

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Starr v. Commissioner of Social Security Administration, (D. Ariz. 2023).

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Jacob Starr, No. CV-22-01578-PHX-DJH

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 15 The parties have filed a Stipulation for Award of Attorney Fees Under the Equal 16 Access to Justice Act (“EAJA”) (Doc. 28). Plaintiff, through counsel, seeks $6,400.00 in 17 attorney fees. (Id. at 1). 18 In any action brought by or against the United States except one sounding in tort, 19 the EAJA provides that “a court shall award to a prevailing party other than the United 20 States fees and other expenses in addition to any costs . . . unless the court finds that the 21 position of the United States was substantially justified.” 28 U.S.C. § 2412(d)(1)(A); 22 Tobeler v. Colvin, 749 F.3d 830, 832 (9th Cir. 2014). Under the EAJA, “attorneys’ fees 23 are to be awarded to a party winning a . . . remand unless the Commissioner shows that his 24 position with respect to the issue on which the district court based its remand was 25 “substantially justified.” Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir.2002) (quoting 26 Flores v. Shalala, 49 F.3d 562, 568–69 (9th Cir. 1995)). Under Astrue v. Ratliff, 560 U.S. 27 586, 595–98 (2010), EAJA fees awarded by the Court belong to Plaintiff and are subject 28 to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)). 1 Accordingly, 2 IT IS ORDERED that the Stipulation for Award of Attorney Fees Under the Equal Access to Justice Act (Doc. 28) is GRANTED. Plaintiff is awarded $6,400.00 in attorney fees. Any check for EAJA fees shall be mailed to Plaintiffs counsel: Robin Michelle || Larkin; Larkin & Fern PLLC; 301 E Bethany Home Rd., Ste. C186; Phoenix, AZ 85012. 6 IT IS FURTHER ORDERED that if, after receiving this Order, the Commissioner: (1) determines upon effectuation of this Order that Plaintiff does not owe a debt that is 8 || subject to offset under the Treasury Offset Program, and (2) agrees to waive the 9|| requirements of the Anti-Assignment Act, 31 U.S.C. § 3727(b), the fees will be made || payable to Plaintiff's attorney. However, if there is a debt owed under the Treasury Offset 11 || Program, the remaining EAJA fees after offset will be paid by check made out to Plaintiff but delivered to Plaintiff's attorney. 13 Dated this 11th day of September, 2023. 14 15 oC. . fe _ \Le 16 norable’ Diang/4. Hunfetewa 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Jacob Starr, No. CV-22-01578-PHX-DJH

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 15 The parties have filed a Stipulation for Award of Attorney Fees Under the Equal 16 Access to Justice Act (“EAJA”) (Doc. 28). Plaintiff, through counsel, seeks $6,400.00 in 17 attorney fees. (Id. at 1). 18 In any action brought by or against the United States except one sounding in tort, 19 the EAJA provides that “a court shall award to a prevailing party other than the United 20 States fees and other expenses in addition to any costs . . . unless the court finds that the 21 position of the United States was substantially justified.” 28 U.S.C. § 2412(d)(1)(A); 22 Tobeler v. Colvin, 749 F.3d 830, 832 (9th Cir. 2014). Under the EAJA, “attorneys’ fees 23 are to be awarded to a party winning a . . . remand unless the Commissioner shows that his 24 position with respect to the issue on which the district court based its remand was 25 “substantially justified.” Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir.2002) (quoting 26 Flores v. Shalala, 49 F.3d 562, 568–69 (9th Cir. 1995)). Under Astrue v. Ratliff, 560 U.S. 27 586, 595–98 (2010), EAJA fees awarded by the Court belong to Plaintiff and are subject 28 to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)). 1 Accordingly, 2 IT IS ORDERED that the Stipulation for Award of Attorney Fees Under the Equal Access to Justice Act (Doc. 28) is GRANTED. Plaintiff is awarded $6,400.00 in attorney fees. Any check for EAJA fees shall be mailed to Plaintiffs counsel: Robin Michelle || Larkin; Larkin & Fern PLLC; 301 E Bethany Home Rd., Ste. C186; Phoenix, AZ 85012. 6 IT IS FURTHER ORDERED that if, after receiving this Order, the Commissioner: (1) determines upon effectuation of this Order that Plaintiff does not owe a debt that is 8 || subject to offset under the Treasury Offset Program, and (2) agrees to waive the 9|| requirements of the Anti-Assignment Act, 31 U.S.C. § 3727(b), the fees will be made || payable to Plaintiff's attorney. However, if there is a debt owed under the Treasury Offset 11 || Program, the remaining EAJA fees after offset will be paid by check made out to Plaintiff but delivered to Plaintiff's attorney. 13 Dated this 11th day of September, 2023. 14 15 oC. . fe _ \Le 16 norable’ Diang/4. Hunfetewa 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28

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