Summary
This document is an order from the United States District Court for the District of Oregon awarding $16,700 in attorney fees under the Equal Access to Justice Act. The award is subject to verification of any qualifying federal debt and potential administrative offset under Astrue v. Ratliff.
Topics
Practice areas
Questions Presented
- Whether the stipulated motion for attorney fees under the Equal Access to Justice Act should be granted.
- Whether the EAJA award should be subject to administrative offset for qualifying federal debt and directed to plaintiff's counsel only if no such debt exists.
Holdings
- The court granted the parties' stipulated motion and awarded $16,700 in attorney fees under the Equal Access to Justice Act.
- An EAJA award must be paid to plaintiff's attorneys only after verification that the plaintiff has no qualifying federal debt; if such debt exists, the remaining funds after offset must be paid to the plaintiff.
Key quotations
“EAJA awards fees subject “to a federal administrative offset if the Litigant has outstanding federal debts”” (1)
Factual background
The plaintiff sought attorney fees under the Equal Access to Justice Act. The parties submitted a stipulated motion requesting an award of $16,700. The court ordered that payment be made to plaintiff's counsel if the plaintiff had no qualifying federal debt, but required any amount remaining after an offset to be paid to the plaintiff if such debt existed.
Procedural history
After the underlying Social Security case, the parties jointly sought an EAJA attorney-fee award. The district court granted the stipulated motion and ordered payment of $16,700, subject to verification that the plaintiff had no qualifying federal debt for administrative offset.