Automated Summary
Key Facts
Plaintiff Michael D. was awarded $1,715.24 in EAJA attorney fees based on a stipulation with the Commissioner of Social Security. The fees are owned by the plaintiff and subject to offset under the Treasury Offset Program. If the plaintiff has assigned the fees to his attorney and has no qualifying debt, the fees may be payable to the attorney; otherwise, they are paid to the plaintiff with the check delivered to the attorney's address.
Issues
The court must decide if EAJA fees awarded to the plaintiff should instead be paid to the plaintiff's attorney, considering the stipulation that fees belong to the plaintiff and are subject to Treasury Offset Program offsets unless the Anti-Assignment Act is waived.
Holdings
Plaintiff is awarded $1,715.24 in EAJA fees. The fees are subject to the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)) and may only be paid to Plaintiff's attorney if the Commissioner waives the Anti-Assignment Act requirements and determines no debts exist for offset.
Remedies
Plaintiff is awarded $1,715.24 in EAJA fees. The fees are subject to offset under the Treasury Offset Program. If no debt is owed, the fees may be paid to the attorney after waiving the Anti-Assignment Act.
Monetary Damages
1715.24
Legal Principles
The court applied the Equal Access to Justice Act (EAJA) provisions, awarding fees directly to the plaintiff rather than the attorney. The decision also referenced the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)) and the Anti-Assignment Act, which govern the handling of federal benefits and offsets for debts.
Precedent Name
Astrue v. Ratliff
Cited Statute
- Equal Access to Justice Act
- Anti-Assignment Act
Judge Name
Jolie A. Russo
Passage Text
- Any EAJA fees should therefore be awarded to Plaintiff and not to Plaintiff's attorney. If, after receiving the Court's EAJA fee order, the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff's attorney.
- Based upon the stipulation of the parties, Plaintiff is hereby awarded $1,715.24 in fees under the EAJA. 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)).