Smith v. Commissioner Social Security Administration ( 2020 )

Bruce W. Brewer, OSB No. 925581 brucebrewerusdccases@gmail.com PO Box 421 West Linn, OR 97068 503-621-6633 Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF OREGON RICHARD SMITH, Case No. 3:18-cv-02029-SI Plaintiff, ORDER (EAJA FEES) vs. COMMISSIONER, of Social Security Administration, Defendant. _____________________________________ It is ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, Plaintiff’s motion (ECF #28) is GRANTED and an attorney fee in the amount of $5,627.02 is hereby awarded to Plaintiff. Defendant does not object and the parties have no dispute. It is further ORDERED that the aforementioned attorney fee shall be paid directly to Plaintiff’s attorney if Plaintiff has no debt which qualifies for offset 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, then it is ORDERED that the check shall be made payable to Plaintiff’s attorney, Bruce Brewer, and mailed to him at PO Box 421, West Linn, OR 97068. If Plaintiff has such debt, then it is ORDERED the check for any remaining funds after offset of the debt shall be made payable to Plaintiff and mailed to Plaintiff's attorney's mailing address stated above. There are no costs or expenses to be paid herein. DATED this __1_8_th___ day of August, 2020. ___/s_/ _M_i_c_h_a_el_ H__. _S_im__o_n__________________________ The Honorable Michael H. Simon U.S. District Court Judge Submitted by: Bruce W. Brewer, OSB No. 925581 503-621-6633, Attorney for Plaintiff