Opinion
CV-22-111-BLG-SPW
02-13-2023
THELINA S. ROACH, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security Administration, Defendant.
ORDER
SUSAN P. WATTERS, U.S. DISTRICT COURT JUDGE
Plaintiff Thelina S. Roach (''Roach”), by and through her attorney, John E. Seidlitz, Jr., moves under the Equal Access to Justice Act (”EAJA"), 28 U.S.C. §2412(d), for attorney fees incurred in prosecuting her Social Security appeal (Doc. 10). She requests $1,632.90 in fees.
Defendant Commissioner of Social Security ("Commissioner") does agree to Roach's application for fees in this amount. Accordingly, IT IS HEREBY ORDERED that Defendant shall pay $1,632.90 in fees under the Equal Access to Justice Act, 28 U.S.C. §2412.
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 Anti-Assignment 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 Plaintiff s attorney.