Yazzie v. Commissioner of Social Security Administration

Opinion

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

9 Tyrell Yazzie, No. CV-24-01787-PHX-DJH

10 Plaintiff, ORDER

11 v.

12 Commissioner of Social Security Administration, 13 Defendant. 14 15 Plaintiff Tyrell Yazzie (“Plaintiff”) and Defendant Commissioner of the Social 16 Security Administration (“Defendant”) filed a Stipulation regarding the award and 17 payment of attorney fees pursuant to the Equal Access to Justice Act (“EAJA”). (Doc. 19). 18 Plaintiff, through counsel, seeks $8,350.00 in attorney fees. (Id. at 1). 19 In any action brought by or against the United States except one sounding in tort, 20 the EAJA provides that “a court shall award to a prevailing party other than the United 21 States fees and other expenses . . . unless the court finds that the position of the United 22 States was substantially justified.” 28 U.S.C. § 2412(d)(1)(A); Tobeler v. Colvin, 749 F.3d 23 830, 832 (9th Cir. 2014). Under the EAJA, “attorneys’ fees are to be awarded to a party 24 winning a . . . remand unless the Commissioner shows that his position with respect to the 25 issue on which the district court based its remand was ‘substantially justified.’” Lewis v. 26 Barnhart, 281 F.3d 1081, 1083 (9th Cir. 2002) (quoting Flores v. Shalala, 49 F.3d 562, 27 568–69 (9th Cir. 1995)). Under Astrue v. Ratliff, 560 U.S. 586, 595–98 (2010), EAJA fees 28 awarded by the Court belong to Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)). 2 The Commissioner stipulated to the attorney fees sought by Plaintiff and has not argued that its position was “substantially justified.” Lewis, 281 F.3d at 1083. Thus, 4|| Plaintiffis entitled to reasonable attorney’s fees under the EAJA. See id. 5 Accordingly, 6 IT IS HEREBY ORDERED that the Stipulation for the Award and Payment of □□ Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Doc. 19) GRANTED. Attorney fees in the amount of $8,350.00 are awarded to Plaintiff. 9 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 11 || subject to offset under the Treasury Offset Program, and (2) agrees to waive the 12 || requirements of the Anti-Assignment Act, 31 U.S.C. § 3727(b), the fees will be made 13} payable to Plaintiff's attorney: Rory Linerud. However, if there is a debt owed under the Treasury Offset Program, the remaining EAJA fees after offset will be paid by check made 15} out to Plaintiff but delivered to Plaintiff’s attorney. 16 Dated this 15th day of September, 2025. 17 18 oC. . oe □ 13 norable'Diang4. Hurmetewa 0 United States District Judge 21 22 23 24 25 26 27 28

-2-