Joshua Frantz v. Commissioner, Social Security Administration

Summary

The United States District Court for the District of Oregon ordered an award of $7,722.67 in attorney fees to the plaintiff under the Equal Access to Justice Act. The order specifies that payment is subject to any federal treasury offset for debts owed by the plaintiff and states that no costs or expenses are awarded.

Holdings

1. Based on the parties' stipulation, the plaintiff is entitled to an attorney-fee award of $7,722.67 under the Equal Access to Justice Act, 28 U.S.C. § 2412.
2. If the Commissioner confirms that the plaintiff owes no debt to the federal government through the treasury offset program, payment shall be made by check to plaintiff's counsel; if the plaintiff owes such a debt, any remaining funds after offset shall be made payable to the plaintiff and mailed to counsel's address.

Questions Presented

1. Whether attorney fees should be awarded to the plaintiff under the Equal Access to Justice Act pursuant to the parties' stipulation.
2. How the fee award should be paid if the plaintiff owes a debt subject to the federal treasury offset program.

Disposition

other