Miller v. Commissioner Social Security Administration ( 2024 )

UNITED STATES DISTRICT COURT DISTRICT OF OREGON MELISSA ANN MILLER, 3:23-cv-00265-MC Plaintiff, vs. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. It is hereby ORDERED that attorney fees in the amount of $3,522,52 and costs for filing fees in the amount of $402 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Attorney fees will be paid to Plaintiff’s attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees and costs, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). Attorney costs are paid pursuant to 28 U.S.C. §1920. If Plaintiff has no such debt, then the fees and costs shall be delivered via electronic funds transfer or by check made out to Plaintiff’s attorney Kevin Kerr, and mailed to Plaintiff’s attorney’s office as follows: NW Disability benefits, LLC dba Kerr Robichaux & Carroll (TID 85-3999428), P.O. Box 14490, Portland, OR 97293. If Plaintiff has a debt, then any remaining funds after offset of the debt shall be made payable to Plaintiff and sent via electronic funds transfer or by check mailed to Plaintiff's attorney's office at the address stated above. DATED this __1_3_th_ day of __F_e_b_r_u_a_r_y__________, 2024. __s/_M__ic_h_a_e_l_ J_. _M__c_S_h_a_n_e____________ Michael J. McShane United States District Judge Submitted by: Kevin Kerr, OSB #080934 kevin.kerr@GetSSD.com Kerr Robichaux & Carroll PO Box 14490 Portland, Oregon 97293 Phone: 503-255-9092 Fax: 503-255-9145 Attorney for Plaintiff