Jeremy Little v. Commissioner, Social Security Administration

Summary

The United States District Court for the District of Oregon awards Jeremy Little $8,325.00 in attorney fees under the Equal Access to Justice Act. The order explains that the fees belong to the plaintiff and may be subject to offset under the Treasury Offset Program, with payment to the attorney permitted if specified conditions are satisfied.

Holdings

1. The plaintiff is awarded $8,325.00 in attorney fees under the Equal Access to Justice Act pursuant to the parties' stipulated motion.
2. EAJA fees awarded by the court belong to the plaintiff, are subject to offset under the Treasury Offset Program, and may be made payable to the plaintiff's attorney only if the Commissioner verifies that the plaintiff assigned the fees, owes no offsettable debt, and agrees to waive the Anti-Assignment Act requirements.

Questions Presented

1. Whether the plaintiff should receive an award of attorney fees under the Equal Access to Justice Act.
2. Whether EAJA fees belong to the plaintiff and are subject to offset under the Treasury Offset Program, and under what circumstances the fees may be made payable to the plaintiff's attorney.

Disposition

other