Betsy Richards v. Commissioner, Social Security Administration

Summary

The United States District Court for the District of Oregon granted Betsy Richards’s unopposed application for $7,051.52 in attorney’s fees under the Equal Access to Justice Act. The order explains that the award belongs to the claimant, is subject to Treasury Offset Program deductions, and may be paid to her attorney under the assignment if no offset applies.

Holdings

1. The court granted Plaintiff's unopposed application for $7,051.52 in attorney's fees under the Equal Access to Justice Act.
2. An EAJA fee award belongs to the Social Security claimant and is subject to offset under the Treasury Offset Program.
3. Because Plaintiff assigned her right to court-awarded EAJA fees to her attorney, the award may be made payable and mailed to counsel if Plaintiff does not owe debt subject to offset.

Questions Presented

1. Whether Plaintiff was entitled to an award of $7,051.52 in attorney's fees under the Equal Access to Justice Act.
2. Whether an EAJA fee award belongs to the Social Security claimant and is subject to offset under the Treasury Offset Program despite the claimant's assignment of the award to counsel.
3. Whether the award could be made payable and mailed to Plaintiff's attorney if Plaintiff had no debt subject to offset.

Disposition

approved