Opinion
Civil No. 09-500-HA.
November 17, 2010
ORDER
Plaintiff was the prevailing party in this action and his counsel seeks an award of attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the amount of $5,177.29 ($5,155.86 in attorneys fees, $7.93 in expenses, and $13.50 in costs). Defendant Commissioner does not object.
This court concludes that plaintiff's counsel's Unopposed Application for Fees [25] is granted as follows: it is ordered that attorney David Lowry be paid $5,177.29 upon verification that plaintiff has no debt to the government which qualifies for offset against the awarded fees. See Astrue v. Ratliff, ___ U.S. ___, 130 S. Ct. 2521, 2527 (2010) (subjecting EAJA awards fees "to a federal administrative offset if the litigant has outstanding federal debts."). If plaintiff has such debt, then payment for any remaining funds after offset of the debt shall be made to plaintiff's attorney.
IT IS SO ORDERED.
DATED this 17 day of November, 2010.