Patricia Miller v. Commissioner, Social Security Administration

Summary

The United States District Court for the District of Oregon awarded Patricia Miller $8,000 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 counsel contingent on assignment, absence of qualifying debt, and waiver of the Anti-Assignment Act.

Holdings

1. The plaintiff is awarded $8,000 in attorney fees under the Equal Access to Justice Act.
2. EAJA fees awarded by the court belong to the plaintiff and are subject to offset under the Treasury Offset Program; payment may be made to the plaintiff's attorney only if the plaintiff assigned the fees, the plaintiff has no qualifying debt, and the Commissioner waives 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 should be payable to the plaintiff or directly to the plaintiff's attorney, and how any Treasury Offset Program debt affects payment.

Disposition

other