Metcalfe v. Commissioner Social Security Administration ( 2023 )

Rory J. Linerud, OSB # 970061 Rory@LinerudLawFirm; rorylinerud@hotmail.com Linerud Law Firm 1144 Wallace Road NW, #212 Salem, OR 97304 Phone: (971) 218-6954 Attorney for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF OREGON EUGENE DIVISION KRISTINE METCALFE, ) ) Plaintiff, ) ) v. ) CIVIL No. 6:22-CV-00485-JR ) COMMISSIONER, SOCIAL ) ORDER AWARDING FEES SECURITY ADMINISTRATION, ) PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT ) Defendant. ) It is hereby ORDERED that attorney fees in the amount of $8,000.00 are awarded to Plaintiff pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The amount of this award shall be paid to Plaintiff’s attorney upon verification that Plaintiff validly assigned these EAJA fees to his attorney and that Plaintiff has no debt, which qualifies for offset against the award, pursuant to the Treasury Offset Program. See Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If Plaintiff has no such debt and there is a valid assignment, then a check shall be made out to Plaintiff’s attorney, Rory Linerud, and mailed to Plaintiff’s attorney’s office as follows: Rory J. Linerud, 1144 Wallace Road NW, #212, Salem, OR 97304. If Plaintiff has a debt, and/or if there is no valid assignment, then a check for any remaining funds, after any offset of the debt, shall be made to Plaintiff and mailed to Plaintiff’s attorney’s office at the address stated above. IT IS SO ORDERED. DATED this 6th day of April, 2023. /s/ Jolie A. Russo HONORABLE JOLIE A. RUSSO UNITED STATES MAGISTRATE JUDGE Presented by: /s/ Rory J. Linerud RORY J. LINERUD Oregon State Bar #970061 Attorney for Plaintiff Linerud Law Firm 1144 Wallace Road NW, #212 Salem, OR 97304 Phone: (971)218-6954 Email: Rory@LinerudLawFirm.com Fax: (503)877-6691