Daggs v. Commissioner Social Security Administration ( 2023 )

Alan Stuart Graf, OSB # 92317 alanstuartgraf@gmail.com 825 Merrimon Ave, Ste. C PMB # 354 Telephone: 931-231-4119 Fax: 931-964-3127 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MICHAEL D. 6:22-cv-01878-HL Plaintiff, ORDER FOR EAJA v. ATTORNEY FEES Commissioner of Social Security, Defendant. Based upon the stipulation of the parties, Plaintiff is here by awarded $2,204.70 in fees under the EAJA. 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)). 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 his right to EAJA fees to his 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. 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 at the following address: Alan Stuart Graf, Attorney, 825 Merrimon Ave, Ste C, PMB # 354, Asheville, NC 28804. IT IS SO ORDERED. Dated t h i s 7 t h day of June 2023. /s/ ANDREW D. HALLMAN Hon. Andrew D. Hallman Prepared as to form United States Magistrate Judge /s/ Alan Graf Attorney for Plaintiff