Houk v. Commissioner Social Security Administration ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION VICTORIA HOUK, Plaintiff, Case No: 6:23-cv-00753-JR v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION, Defendant. ORDER Upon consideration of the parties’ Stipulation for Attorney Fees Under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. 2412(d), It is hereby ORDERED that the stipulation is granted. Defendant shall pay attorney’s fees to Plaintiff pursuant to the EAJA in the amount of Eight Thousand Five Hundred Twenty-Seven Dollars and 71/100 ($8,527.71). Pursuant to 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)). If after receiving the Court’s EAJA fee order, the Commissioner determines upon effectuation of the Court’s EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, the fees will be made payable to Plaintiff’s attorney. However, if there is a debt owed that is subject to offset under the Treasury Offset Program, any remaining EAJA fees after offset will be paid by a check payable to Plaintiff but delivered to Plaintiff’s attorney. Dated this 18th day of June, 2024. __/s_/_ J_o_li_e_ A__. _R_u_s_s_o__________________________ Jolie A. Russo U.S. Magistrate Judge Submitted By: Jeffrey Hugh Baird, OSB #932058 Dellert Baird Law Office 6525 California Ave, SW 101 Seattle, WA 98136 P: 206-937-4112 F: 360-824-9371 jeffreyhbaird@comcast.net Attorney for Plaintiff Lead Counsel KARL E. OSTERHOUT Osterhout Berger Daley, LLC 521 Cedar Way, Suite 200 Oakmont, PA 15139 P: 412-794-8003, Ext 402 F: 412-794-8050 kosterhout@obl.law Attorney for Plaintiff Pro Hac Vice Counsel