Opinion
22-1074-DDC
10-25-2022
D.D.R.[1], Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant.
MEMORANDUM AND ORDER
Daniel D. Crabtree United States District Judge
The court previously remanded this case for further administrative proceedings under 42 U.S.C. § 405(g). See Doc. 14. The parties now have agreed to an attorney fee award under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in connection with the court-related representation of plaintiff in this Social Security appeal. Thus, the court grants plaintiff's unopposed Motion for Award of Attorney's Fees in the amount of $4,950.40.
If, after receiving the court's EAJA fee order, the Commissioner (1) 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, and (2) agrees to waive the requirements of the Anti-Assignment Act, 31 U.S.C. § 3727(b), the government shall pay fees directly to plaintiff's attorney. But if plaintiff owes a debt under the Treasury Offset Program, the Commissioner can't agree to waive the requirements of the Anti-Assignment Act, and the government must pay remaining EAJA fees after offset by a check made out to plaintiff but delivered to plaintiff's attorney. See Astrue v. Ratliff, 560 U.S. 586, 597 (2010).
In addition, if plaintiff's counsel ultimately receives an award of attorney fees under 42 U.S.C. § 406(b), she must refund the smaller award to plaintiff. Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff is granted attorney fees under the EAJA in the amount of $4,950.40. The government shall make payment of this amount in accordance with this Order.
IT IS SO ORDERED.