Opinion
CV 22-88-GF-JTJ
08-24-2023
DAVID A. PRATT, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration, Defendant.
ORDER
JOHN JOHNSTON, UNITED STATES MAGISTRATE JUDGE
Plaintiff David A. Pratt (Pratt) has moved for an award of attorney's fees in the amount of $6,554.83 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The Acting Commissioner of the Social Security Administration (Commissioner) does not oppose the motion. (See Doc. 17 at 2).
The Court has reviewed Pratt's application. The requested fee award represents 27.9 attorney hours at a fee rate of $234.94 per hour. (Doc. 17 at 2-3). The Court finds that the application is proper and that the amount requested is reasonable.
Fee awards under EAJA are subject to an offset to satisfy any debt that the plaintiff owes the government. Astrue v. Ratliff, 560 U.S. 586, 593-94 (2010). If the plaintiff has no debt that qualifies as an offset under the Treasury Offset Program, the plaintiff may assign his or her right to receive the fee award to his or her attorney. Id. at 597-98; Webster v. Berryhill, 2018 WL 4290395, *2 (D. Mont. Sept. 7, 2018).
Accordingly, IT IS HEREBY ORDERED:
1. Pratt's Motion for an Award of Attorney's Fees under EAJA (Doc. 17) is GRANTED. Pratt is entitled to an award of attorney's fees under 28 U.S.C. § 2412 in the amount of $6,554.83, less any offset allowed under the Treasury Offset Program.
2. If, after receiving this Order, the Commissioner determines that Pratt owes a debt that qualifies as an offset under the Treasury Offset Program, the Commissioner should issue a check made payable to Pratt in the amount of $6,554.83 less the amount of the offset. Pratt's award check should be mailed to Pratt's attorney, James P. O'Brien, at the following address:
O'Brien Law Office, P.C.
P.O. Box 7936
Missoula, MT 59807-7936
3. If the Commissioner determines that Pratt has no outstanding debt that qualifies as an offset under the Treasury Offset Program, and that Pratt has assigned his right to the EAJA fee award to his attorney, the Commissioner should make the check payable to James P. O'Brien.
DATED this 24th day of August, 2023.