(SS) Huff v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JARROD WAYNE HUFF, No. 1:20-CV-00821 (GSA) 12 Plaintiff, 13 v. [PROPOSED] ORDER FOR AWARD AND PAYMENT OF ATTORNEYS FEES 14 KILOLO KIJAKAZI, PURSUANT TO EAJA 28 U.S.C. §2412(d) ACTING COMMISSIONER OF 15 SOCIAL SECURITY, 16 Defendant. 17 18 19 20 21 IT IS HEREBY ORDERED that Jarrod Wayne Huff (“Plaintiff”) be awarded attorney 22 fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412(d), in the amount of nine 23 thousand eighty-two dollars and thirty-one cents ($9,082.31). This represents compensation for 24 legal services rendered on behalf of Plaintiff by counsel in the above-referenced civil action in 25 accordance with 28 U.S.C. § 2412(d). 26 The government will consider the matter of Plaintiff’s assignment of EAJA fees to 27 Plaintiff’s attorney. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor 28 1 the assignment will depend on whether the attorney fees are subject to any offset allowed under 2 the United States Department of the Treasury’s Offset Program. After the Order for EAJA fees is 3 entered, the government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 6 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 7 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 8 made shall be delivered to Plaintiff’s counsel. 9 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 10 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 11 12 IT IS SO ORDERED. 13 Dated: July 19, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28