Opinion
CV-23-90-BLG-SPW
06-05-2024
DARRELL R. DENNIS, Plaintiff, v. MARTIN J. O'MALLEY, Commissioner of Social Security, Defendant.
ORDER
SUSAN P. WATTERS, U.S. DISTRICT COURT JUDGE
Plaintiff Darrell R. Dennis ("Dennis”), by and through his attorney, John E. Seidlitz, Jr., moves under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. §2412(d), for attorney fees and filing costs incurred in prosecuting his Social Security appeal. Plaintiff requests $7,717.76 in fees, and $402.00 in filing costs. Costs are not paid by Agency funds, but rather by the Judgment Fund.
Defendant Commissioner of Social Security ("Commissioner") has been contacted and does agree to fees in this amount, along with $402.00 in filing costs.
Accordingly, IT IS ORDERED that Defendant shall pay $7,717.76 in fees under the Equal Access to Justice Act, 28 U.S.C. §2412, as well as $402.00 in filing costs.
IT IS FURTHER ORDERED that 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, (2) agrees to waive the requirements of the AntiAssignment Act, and (3) is provided a valid assignment of fees executed by Plaintiff, the fees will be made payable to Plaintiffs attorney and mailed to Plaintiffs attorney's office as follows:
Seidlitz Law Office
P.O. Box 1581
Great Falls, MT 59403-1581
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 any remaining EAJA fees after offset will be paid by a check made out to Plaintiff, but delivered to Plaintiffs attorney.