Tabor-Dakowicz v. Commissioner of Social Security Administration

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Edyta Tabor-Dakowicz,
Plaintiff,
v.
Commissioner of Social Security
Administration,
Defendant.
No. CV-25-02008-PHX-DJH
ORDER
On September 26, 2025, Plaintiff Edyta Tabor-Dakowicz (“Plaintiff”) and the
Commissioner of the Social Security Administration (“Commissioner”) filed a
Stipulation1 for Attorney’s Fees and Costs Under the Equal Access to Justice Act
(“EAJA”) (Doc. 10). Plaintiff, through counsel, seeks $352.57 in attorney fees and
$405.00 in costs. (Id. at 1).
In any action brought by or against the United States except one sounding in tort,
the EAJA provides that “a court shall award to a prevailing party other than the United
States fees and other expenses in addition to any costs . . . unless the court finds that the
position of the United States was substantially justified.” 28 U.S.C. § 2412(d)(1)(A);
Tobeler v. Colvin, 749 F.3d 830, 832 (9th Cir. 2014). Under the EAJA, “attorneys’ fees
are to be awarded to a party winning a . . . remand unless the Commissioner shows that
his position with respect to the issue on which the district court based its remand was
“substantially justified.” Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir.2002) (quoting
1 The Stipulation appears as a Motion for Attorney Fees (Doc. 10), but upon further
review, it is in fact, a Stipulation for Attorney’s Fees and Costs under the EAJA.
Case 2:25-cv-02008-DJH Document 11 Filed 02/12/26 Page 1 of 2

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Flores v. Shalala, 49 F.3d 562, 568–69 (9th Cir. 1995)). Under Astrue v. Ratliff, 560
U.S. 586, 595–98 (2010), EAJA fees awarded by the Court belong to Plaintiff and are
subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)).
Accordingly,
IT IS ORDERED that the parties’ Stipulation for Award of Attorney Fees the
Equal Access to Justice Act (Doc. 10) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff is awarded $352.57 in attorney fees
and $405.00 in costs. Any check for EAJA fees shall be mailed to Plaintiff’s counsel:
Anna Schiffman; Schiffman Law Office; 4506 North 12th Street; Phoenix, AZ 85014.
IT IS FURTHER ORDERED that if, after receiving this Order, the
Commissioner: (1) determines upon effectuation of this Order that Plaintiff does not owe
a debt that is subject to offset under the Treasury Offset Program, and (2) agrees to waive
the requirements of the Anti-Assignment Act, 31 U.S.C. § 3727(b), the fees will be made
payable to Plaintiff’s attorney. However, if there is a debt owed under the Treasury
Offset Program, the remaining EAJA fees after offset will be paid by check made out to
Plaintiff but delivered to Plaintiff’s attorney.
Dated this 11th day of February, 2026.
Honorable Diane J. Humetewa
United States District Judge
Case 2:25-cv-02008-DJH Document 11 Filed 02/12/26 Page 2 of 2