Opinion
CIVIL 3:23-cv-00872-AR
07-08-2024
JENNIFER MARIE DAVIDSON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
NATALIE K. WRIGHT, UNITED STATES ATTORNEY KEVIN DANIELSON, EXECUTIVE ASSISTANT U.S. ATTORNEY MATHEW PILE ASSOCIATE GENERAL COUNSEL DELORES MONTGOMERY, SPECIAL ASSISTANT U.S. ATTORNEY ATTORNEYS FOR DEFENDANT
NATALIE K. WRIGHT, UNITED STATES ATTORNEY KEVIN DANIELSON, EXECUTIVE ASSISTANT U.S. ATTORNEY MATHEW PILE ASSOCIATE GENERAL COUNSEL
DELORES MONTGOMERY, SPECIAL ASSISTANT U.S. ATTORNEY ATTORNEYS FOR DEFENDANT
ORDER
JEFF ARMISTEAD UNITED STATES MAGISTRATE JUDGE
For the reasons set forth in the parties' stipulated motion for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS HEREBY ORDERED AS FOLLOWS:
1. Plaintiff is here by awarded $13,000.00 in fees and expenses 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 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. 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 or electronic fund transfer (EFT) made out to Plaintiff but delivered to Plaintiff's attorney.
2. Plaintiff is awarded costs, as provided in 28 U.S.C. § 1920, in the amount of $402.00.
Payment of costs may be made either by EFT or by check.
IT IS SO ORDERED.