Filed: Feb. 27, 2019
Latest Update: Feb. 27, 2019
Summary: ORDER GRANTING STIPULATED MOTION FOR AN AWARD OF ATTORNEY FEES PUSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA) STACIE F. BECKERMAN , Magistrate Judge . This matter having come before the court upon the Stipulated Motion of the parties, and this court being otherwise fully advised IT IS HEREBY ORDERED that plaintiff is awarded Equal Access to Justice (EAJA) Fees in the amount of $4,652.90. IT IS FURTHER HEREBY ORDERED that under Astrue v. Ratliff, 130 S.Ct. 2521 , 2528-29 (2010)
Summary: ORDER GRANTING STIPULATED MOTION FOR AN AWARD OF ATTORNEY FEES PUSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA) STACIE F. BECKERMAN , Magistrate Judge . This matter having come before the court upon the Stipulated Motion of the parties, and this court being otherwise fully advised IT IS HEREBY ORDERED that plaintiff is awarded Equal Access to Justice (EAJA) Fees in the amount of $4,652.90. IT IS FURTHER HEREBY ORDERED that under Astrue v. Ratliff, 130 S.Ct. 2521 , 2528-29 (2010),..
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ORDER GRANTING STIPULATED MOTION FOR AN AWARD OF ATTORNEY FEES PUSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (EAJA)
STACIE F. BECKERMAN, Magistrate Judge.
This matter having come before the court upon the Stipulated Motion of the parties, and this court being otherwise fully advised
IT IS HEREBY ORDERED that plaintiff is awarded Equal Access to Justice (EAJA) Fees in the amount of $4,652.90.
IT IS FURTHER HEREBY ORDERED that under Astrue v. Ratliff, 130 S.Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to the plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)).
IT IS FURTHER HEREBY ORDERED that plaintiff having assigned his right to EAJA fees to his attorney (see Exhibit B, submitted herewith), if after receiving the Court's EAJA fee order the Commissioner determines that plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, the Commissioner agrees to waive the requirements of the Anti-Assignment Act and the EAJA fees will be made payable to plaintiff's attorney, at her address: 14523 Westlake Drive, Lake Oswego, OR 97035.
IT IS FURTHER HEREBY ORDERED that, if there is a debt owed under the Treasury Offset Program, the requirements of the Anti-Assignment Act cannot be waived, and the remaining EAJA fees after offset will be paid by a check made out to plaintiff but delivered to plaintiff's attorney.
IT IS SO ORDERED.
