Carroll v. Commissioner of Social Security Administration ( 2023 )

1 WO 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 Rosetta Carroll, No. CV-22-00009-TUC-JCH 11 Plaintiff, ORDER 12 v. 13 Commissioner of Social Security Administration, 14 Defendant. 15 16 On November 6, 2017, Plaintiff Rosetta Carroll filed a complaint appealing the 17 decision of the administrative law judge ("ALJ") which denied her claim for Disability 18 Benefits under Title II of the Social Security Act. Doc. 1. The Court referred this matter to 19 Magistrate Judge D. Thomas Ferraro for Report and Recommendation ("R&R"). Doc. 16. 20 On February 2, 2023, Judge Ferraro issued his R&R; he found that the Administrative Law 21 Judge ("ALJ") erred and recommended that this Court vacate the Commissioner's decision 22 and remand for further proceedings. Doc. 23 at 15. On February 23, 2023, the Court 23 adopted the R&R in full, reversed the final decision of the Commissioner, and remanded 24 the matter under 42 U.S.C. § 405(g). Doc. 24. Judgment issued on the same date. Doc. 25. 25 Before the Court is the parties' "Stipulation for Award of Attorney Fees Pursuant to the 26 Equal Access to Justice Act ("EAJA") filed pursuant to 28 U.S.C. § 2412(d)" 27 (the "Stipulation"). Doc. 26. Good cause appearing, 28 … 1 IT IS ORDERED GRANTING the Stipulation (Doc. 26). 2 IT IS FURTHER ORDERED that Plaintiff is awarded the total sum of THREE 3} THOUSAND TWO HUNDRED ONE AND 41/100 DOLLARS ($3201.41) for her 4|| attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). There 5 || are no expenses or costs under 28 U.S.C. § 1920. 6 IT IS FURTHER ORDERED that Attorney's fees will be paid to Plaintiff's attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset 8 || against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If Plaintiff has no such debt, payment shall be paid via 10 || check made payable to Plaintiff's attorneys at Hallinan & Killpack Law Firm. If Plaintiff 11 || has a debt, then the check for any remaining funds after offset of the debt shall be made to || Plaintiff and mailed to Plaintiff's attorney's office. 13 Dated this 27th day of March, 2023. 14 15 □ 16 9S MH herb onorable John C. Hinderaker 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28 _2-