Phillips v. Commissioner of Social Security

ORDER 	Page 1 	25-cv-0952-BJC-KSC
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JENNIFER N. P.,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
Case No. 3:25-cv-0952-BJC-KSC
ORDER GRANTING MOTION FOR
AWARD OF ATTORNEY FEES
PURSUANT TO THE EQUAL ACCESS
TO JUSTICE ACT
[DKT. NO. 15]
Plaintiff has filed a Motion for Award of Attorney Fees Pursuant to the Equal
Access to Justice Act (“Motion”). Dkt. No. 19. “The Commissioner has given
substantive consideration to the merits of plaintiff’s request” and does not oppose
the Motion. Dkt. No. 21. The Motion is GRANTED and plaintiff is awarded
$6,454.98 in legal fees.
Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees belong
to plaintiff and are subject to offset under the Treasury Offset Program, 31 U.S.C. §
3716(c)(3)(B). If, after receiving the Court’s EAJA fee Order, the Commissioner
Case 3:25-cv-00952-BJC-KSC Document 23 Filed 03/04/26 PageID.<pageID>
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ORDER 	Page 2 	25-cv-0952-BJC-KSC
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determines plaintiff has assigned the right to EAJA fees to counsel and plaintiff does
not owe a debt that is subject to offset under the Treasury Offset Program, then EAJA
fees may be made payable to plaintiff’s counsel, Eddy Pierre Pierre, by either
electronic funds transfer or check. If plaintiff owes a debt under the Treasury Offset
Program, any remaining EAJA fees after offset will be made by check payable to
Plaintiff.
Payment of the agreed amount shall constitute a complete release from, and
bar to, any and all claims that Plaintiff and/or Eddy Pierre Pierre, including her firm,
Pierre Pierre Law, P.C, may have relating to EAJA attorney fees in connection with
this action. This award is without prejudice to the rights of Eddy Pierre Pierre or
Pierre Pierre Law, P.C. to seek Social Security Act attorney fees under 42 U.S.C. §
406(b), subject to the savings clause provisions of the EAJA.
IT IS SO ORDERED.
Dated: March 4, 2026
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