Williams v. Commissioner Social Security Administration

Opinion

Alan Stuart Graf, OSB # 923171 alanstuartgraf@gmail.com 825 Merrimon Ave, Ste C # 354 Asheville, NC 28804 Phone No: 931-231-4119 Fax No. 931-964-3127 Email: alanstuartgraf@gmail.com

_ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

KIMBERLY W. 1:20-CV-02108-CL Plaintiff, ORDER FOR EQUAL V. ACCESS TO JUSTICE FEES MARTIN O'MALLEY, Commissioner of Social Security, Defendant.

Based upon the stipulation of the parties, Plaintiff is here by awarded $20,000.00 in fees 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 his right to EAJA fees to his 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 Plaintiff's attorney. /it

dit

ORDER — 1

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 made out to Plaintiff but delivered to Plaintiff s attorney at the following address: Alan Stuart Graf, Attorney, 825 Merrimon Ave, Ste C, PMB # 354, Asheville, NC 28804.

It is so ORDERED Dated this 3 U day of October, 2024

MARK D. CLARKE □ Prepared as to form United States Magistrate Judge /s/ Alan Graf Attorney for Plaintiff

ORDER - 2