Erin L. v. Commissioner of Social Security Administration

Summary

The United States District Court for the District of Oregon awarded Plaintiff $2,605.26 in attorney fees under the Equal Access to Justice Act and awarded no costs. The order provides that payment is subject to verification for qualifying debts under the Treasury Offset Program and may be payable to Plaintiff’s attorney pursuant to the assignment.

Holdings

1. Plaintiff is entitled to an attorney fee award of $2,605.26 under 28 U.S.C. § 2412.
2. Plaintiff is awarded no costs.
3. The attorney fee may be paid to Plaintiff's attorney, Andrea Banks, pursuant to Plaintiff's assignment, only after verification that Plaintiff has no debt qualifying for offset; if such debt exists, any remaining funds after offset are payable to Plaintiff and mailed to counsel's address.

Questions Presented

1. Whether Plaintiff was entitled to an award of attorney fees under the Equal Access to Justice Act.
2. Whether Plaintiff was entitled to an award of costs under 28 U.S.C. § 1920.
3. Whether the fee payment should be made to Plaintiff's attorney subject to Treasury Offset Program verification and Plaintiff's assignment.

Disposition

other