Flores v. Commissioner of Social Security Administration ( 2019 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Melissa Flores, No. CV-17-08191-PCT-DJH 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 14 Defendant. 15 Plaintiff Melissa Flores (“Flores”) filed a complaint on September 18, 2017 seeking 16 review of the Social Security Administration Commissioner’s (“the Commissioner”) denial 17 of disability benefits. (Doc. 1). On March 19, 2019, this Court issued an order reversing 18 the Administrative Law Judge’s decision, and remanding the case for further administrative 19 proceedings. (Doc. 19). As the prevailing party in a civil action brought against the United 20 States, Flores is entitled to attorney fees under the Equal Access to Justice Act (“EAJA”), 21 28 U.S.C. § 2412, even if she is not ultimately successful in seeking benefits on remand. 22 See Shalala v. Schaefer, 509 U.S. 292, 295–302 (1993). The parties have stipulated that 23 this amount equals $5,031.54. (Doc. 21).1 24 Fees awarded under the EAJA belong to the plaintiff, and as such may be subject to 25 an administrative offset, thereby reducing the amount awarded if the plaintiff has a 26 preexisting, unpaid debt to the United States. Astrue v. Ratliff, 560 U.S. 586 (2010). If no 27 EAJA offset applies to an award of attorney fees, and if the plaintiff has assigned their 28 1 The parties filed a Joint Stipulation. (Doc. 21). The Court will construe their Joint Stipulation as a Motion for Attorney Fees and Costs. || rights to the fees to his or her attorney, a check may be made out to the plaintiff’s attorney 2|| and mailed to him or her directly. /d. at 597 (acknowledging such a practice by the government). 4 Here, the Court recognizes that Flores has assigned her attorney fees directly to her || Counsel, John Phillips. (Doc. 3). If the government determines that no offset applies, the 6|| EAJA funds will be sent to Plaintiff’?s Counsel’s law firm in the amount of $5,031.54. 7 IT IS ORDERED that pursuant to the Equal Access to Justice Act, 28 U.S.C. § 8 || 2412, Flores’s Motion for Attorney Fees and Costs (Doc. 21) in the amount of $5,031.54, 9|| as stipulated to by the parties, is GRANTED. 10 IT IS FURTHER ORDERED that Flores shall be awarded her attorney fees in the 11 amount of $5,031.54, which, if no offset is required, shall be awarded and sent directly to || Flores’s Counsel, John Phillips, at the address 147 S. Marina St., Prescott, AZ 86303. 13 Dated this 3rd day of July, 2019. 14 16 énorable’Diang/. Hunfetewa 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28 _2-