(SS) McCombs v. Commissioner of Social Security ( 2021 )

1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 SACRAMENTO DIVISION 5 6 7 CRAIG MCCOMBS, ) CIVIL NO. 2:19-cv-02574-JDP ) 8 Plaintiff, ) ORDER GRANTING PLAINTIFF’S v. ) MOTION FOR THE AWARD AND 9 ) PAYMENT OF ATTORNEY FEES AND ANDREW SAUL, ) EXPENSES PURSUANT TO THE EQUAL 10 Commissioner of Social Security, ) ACCESS TO JUSTICE ACT, 28 U.S.C. ) § 2412(d) 11 Defendant. ) ) ECF No. 26 12 ) 13 14 It is ordered that Plaintiff be awarded attorney fees and expenses in the amount of four 15 thousand dollars ($4,038.92) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 16 § 2412(d). This amount represents compensation for all legal services rendered on behalf of 17 Plaintiff by Counsel Kelsey M. Brown (“Counsel”) in connection with this civil action, in 18 accordance with 28 U.S.C. § 2412(d). The Court will not entertain any future claims for EAJA 19 fees and/or expenses in this civil action. 20 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 21 the matter of Plaintiff’s assignment of EAJA fees to Counsel (Dkt. 26-2). Pursuant to Astrue v. 22 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 23 assignment will depend on whether the fees are subject to any offset allowed under the United 24 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 25 the government will determine whether they are subject to any offset. 26 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 27 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 28 1 expenses and costs to be made directly to Counsel, pursuant to the assignment executed by 2 |! Plaintiff. Any payments made shall be delivered to Counsel. 3 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek 4 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 7 |/1T IS SO ORDERED. 8 / . 9 ll Dated: __June 11,2021 _ Ws 10 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28