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McMichael v. Astrue

United States District Court, D. Oregon, Portland Division
Nov 29, 2010
Civil No. 09-840-HA (D. Or. Nov. 29, 2010)

Opinion

Civil No. 09-840-HA.

November 29, 2010


ORDER


Based on the stipulation by the parties, plaintiff's 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 $6,752.31, with no costs or expenses.

This court concludes that plaintiff's counsel's Stipulation for EAJA Fees [33] is granted as follows: it is ordered that attorney Martin R. Cohen be paid $6,752.31 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 29th day of November, 2010.


Summaries of

McMichael v. Astrue

United States District Court, D. Oregon, Portland Division
Nov 29, 2010
Civil No. 09-840-HA (D. Or. Nov. 29, 2010)
Case details for

McMichael v. Astrue

Case Details

Full title:TERESA J. McMICHAEL, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:United States District Court, D. Oregon, Portland Division

Date published: Nov 29, 2010

Citations

Civil No. 09-840-HA (D. Or. Nov. 29, 2010)