Phillips v. Commissioner Social Security Administration

Justia Dockets & Filings Ninth Circuit Oregon District Court Phillips v. Commissioner Social Security Administration

Phillips v. Commissioner Social Security Administration

Plaintiff:	Kathleen Phillips
Defendant:	Commissioner Social Security Administration
Case Number:	3:2012cv01886
Filed:	October 18, 2012
Court:	US District Court for the District of Oregon
Office:	Portland (3) Office
Presiding Judge:	Michael H. Simon
Nature of Suit:	Social Security: DIWC/DIWW
Cause of Action:	42 U.S.C. § 0405 g Review of Commissioner's Final Decision
Jury Demanded By:	None

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Date Filed	Document Text
September 3, 2014	Filing 38 OPINION and ORDER - Plaintiff's application for attorney's fees (Dkts. 28 , 35 ) is GRANTED. Plaintiff is awarded $5,603.32 for attorney's fees under 28 U.S.C. § 2412. EAJA fees are subject to any offsets allowed un der the Treasury Offset Program, as discussed in Ratliff, 560 U.S. at 593-94. Because Plaintiff has filed with the Court an assignment of EAJA fees to her counsel (Dkt. 28-2), if Plaintiff has no debt subject to the Treasury Offset Program, then Defe ndant shall cause the check to be made payable to Plaintiff's attorney and mailed to Plaintiff's attorney. If Plaintiff owes a debt subject to the Treasury Offset Program, then the check for any remaining funds after offset of the debt shall be payable to Plaintiff and mailed to Plaintiffs attorney. Signed on 9/3/2014 by Judge Michael H. Simon. (mja)
April 29, 2014	Filing 26 Opinion and Order - The Court REVERSES the Commissioner's decision that Plaintiff is not disabled and REMANDS this case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Opinion and Order. Signed on 4/29/2014 by Judge Michael H. Simon. (mja)

Date Filed

Document Text

September 3, 2014

Filing 38 OPINION and ORDER - Plaintiff's application for attorney's fees (Dkts. 28 , 35 ) is GRANTED. Plaintiff is awarded $5,603.32 for attorney's fees under 28 U.S.C. § 2412. EAJA fees are subject to any offsets allowed un der the Treasury Offset Program, as discussed in Ratliff, 560 U.S. at 593-94. Because Plaintiff has filed with the Court an assignment of EAJA fees to her counsel (Dkt. 28-2), if Plaintiff has no debt subject to the Treasury Offset Program, then Defe ndant shall cause the check to be made payable to Plaintiff's attorney and mailed to Plaintiff's attorney. If Plaintiff owes a debt subject to the Treasury Offset Program, then the check for any remaining funds after offset of the debt shall be payable to Plaintiff and mailed to Plaintiffs attorney. Signed on 9/3/2014 by Judge Michael H. Simon. (mja)

April 29, 2014

Filing 26 Opinion and Order - The Court REVERSES the Commissioner's decision that Plaintiff is not disabled and REMANDS this case pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with this Opinion and Order. Signed on 4/29/2014 by Judge Michael H. Simon. (mja)

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Defendant: Commissioner Social Security Administration
Represented By:	Adrian L. Brown
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Plaintiff: Kathleen Phillips
Represented By:	Bruce W. Brewer
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