Young v. Commissioner of Social Security Administration ( 2021 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 June E Young, No. CV-20-08173-PCT-ESW 10 Plaintiff, ORDER 11 v. 12 Commissioner of Social Security Administration, 13 14 Defendant. 15 16 The Court has considered Plaintiff’s Motion for Award of Attorney Fees, the 17 Government’s Response, and Plaintiff’s Reply (Docs. 38-41). 18 IT IS ORDERED granting Plaintiff’s Motion (Doc. 38). 19 IT IS FURTHER ORDERED awarding Plaintiff attorney fees under the Equal 20 Access to Justice Act in the amount of $11,086.33. No costs have been requested by 21 Plaintiff and therefore none are awarded. 22 IT IS FURTHER ORDERED that, pursuant to the assignment of fees in the 23 Plaintiff’s fee agreement, the Government shall pay the fee award, minus any offset as 24 explained below, payable to Plaintiff, care of counsel’s office: Mark Caldwell, Law Office 25 of Mark Caldwell, P.C., 9920 S. Rural Road, No. 108-167, Tempe, AZ 85284-4100. 26 IT IS FURTHER ORDERED that, although fees under the EAJA are awarded to 27 the prevailing party, not to the party’s attorney, Astrue v. Ratliff, 560 U.S. 596-98 (2010), 28 the Commissioner shall determine whether Plaintiff owes a debt to the government and, if 1|| the Acting Commissioner of Social Security (1) determines upon effectuation of the 2|| Court’s Equal Access to Justice Act fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to waive the 4|| requirements of the Anti-Assignment Act, the fees will be made payable to □□□□□□□□□□□ || attorney. 6 Dated this 15th day of December, 2021. 7 ? Honorable Eileen S. Willett 10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-