Lidget v. Commissioner, Social Security Administration ( 2019 )

Sara L. Gabin, OSB #81234 Internet E-mail address: slgabin@pacifier.com Sara L. Gabin, P.C., Attorney at Law 14523 Westlake Drive Lake Oswego, Oregon, OR 97035-7700 Telephone: 503.620.3171 Fax: 503.620.3365 Attorney(s) for: Susan Marie Lidgett mantha Lillian Barnett UNITED STATES DISTRICT COURT DISTRICT OF OREGON SUSAN MARIE LIDGET, Case No. 3:18-cv-00920-MC Plaintiff, ORDER GRANTING STIPULATED V. MOTION FOR AN AWARD OF ATTORNEY FEES PUSUANT TO THE COMMISSIONER, SOCIAL SECURITY EQUAL ACCESS TO JUSTICE ACT ADMINISTRATION, (EAJA) Defendant. This matter having come before the court upon the Stipulated Motion of the parties, and this court being otherwise fully advised IT IS HEREBY ORDERED that plaintiff is awarded Equal Access to Justice (EAJA) Fees in the amount of $6,138.65. IT IS FURTHER HEREBY ORDERED that under Astrue v. Ratliff, 130 S. Ct 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to the plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). IT IS FURTHER HEREBY ORDERED that plaintiff having assigned her right to EAJA fees to her attorney (see Exhibit B, submitted herewith), if after receiving the Court’s EAJA fee ORDER GRANTING STIPULATED MOTION FOR AN AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA) Page 1 order the Commissioner determines that plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, the Commissioner agrees to waive the requirements of the Anti-Assignment Act and the EAJA fees will be made payable to plaintiff’s attorney, at her attorney’s address: 14523 Westlake Drive, Lake Oswego, OR 97035. IT IS FURTHER HEREBY ORDERED that, if there is a debt owed under the Treasury Offset Program, the requirements of the Anti-Assignment Act cannot be waived, and the remaining EAJA fees after offset will be paid by a check made out to plaintiff but delivered to plaintiff’s attorney. IT IS SO ORDERED THIS 9th day of October, 2019. s/Michael J. McShane DISTRICT COURT JUDGE ORDER GRANTING STIPULATED MOTION FOR AN AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA) Page 2