Membe v. Commissioner Social Security Administration ( 2022 )

ARI D. HALPERN, ATTORNEY AT LAW — OSB # 045230 ari@halpernlawgroup.net HALPERN LAW GROUP, P.C. 62910 O.B. Riley Rd., Suite 100 Bend, OR 97703 Voice: (541) 388-8410 Fax: (541) 323-2306 Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF OREGON EUGENE DIVISION SANYA MEMBE, Case No. 6:20-cv-00896-MK Plaintiff, ORDER vs. COMMISSIONER OF SOCIAL SECURITY, Defendant. For the reasons set forth in Plaintiff’s second supplemental motion for attorney fees, and in the parties’ stipulation regarding second supplemental attorney’s fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS HEREBY ORDERED AS FOLLOWS: Plaintiff is hereby awarded $5000.00 (five thousand dollars) in additional supplemental fees under the EAJA. Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to Plaintiff and not to Plaintiff’s attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1) determines that Plaintiff has assigned her right to EAJA fees to her attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney, Ari Halpern, and mailed to Mr. Halpern at: HALPERN LAW GROUP, P.C. 62910 O.B. Riley Rd., Suite 100 Bend, OR 97703 However, if there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but delivered to Plaintiff’s attorney. Dated this 13th day of December 2022. s/ Mustafa T. Kasubhai MUSTAFA T. KASUBHAI (He / Him) United States Magistrate Judge Submitted by: s/ Ari D. Halpern ARI D. HALPERN, OSB # 045230 Voice: (541) 388-8410 ari@halpernlawgroup.net Attorney for Plaintiff