Sander v. Social Security Administration Commissioner

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF WYOMING
ANGELA SANDER,
Plaintiff,
v.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.
)
)
)
)
)
)
)
)
)
)
No. 2:24-cv-00068-KHR
ORDER
Upon consideration of the Stipulated Motion for Award of Attorney Fees Under the
Equal Access to Justice Act, the Court finds the Motion (Dkt. No. 16) should be GRANTED.
IT IS THEREFORE ORDERED that Plaintiff is awarded attorney fees in the amount of
$8,000.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, as the prevailing
party herein, and court costs of $405.00, which is to be paid from the Department of Justice’s
Judgment Fund, 28 U.S.C. § 2412, not agency funds. If Plaintiff’s counsel is subsequently
awarded any fees pursuant to 42 U.S.C. §406(b), she must refund the smaller award to Plaintiff
pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986).
IT IS FURTHER ORDERED that if, after receiving the Court’s EAJA fee order, the
Commissioner (1) determines upon effectuation of the Court’s EAJA fee 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, the fees will be made payable to Plaintiff’s
attorney. However, if there is a debt owned under the Treasury Offset Program, the
Commissioner cannot agree to waive the requirements of the Anti-Assignment Act, and the
Case 2:24-cv-00068-KHR Document 17 Filed 09/27/24 Page 1 of 2

2
remaining EAJA fees after offset will be paid by a check made out to Plaintiff but delivered to
Plaintiff’s attorney at 521 Cedar Way, Suite 200, Oakmont, PA 15139.
IT IS SO ORDERED this 27th day of September, 2024.
__________________________________
Kelly H. Rankin
United States District Judge
Case 2:24-cv-00068-KHR Document 17 Filed 09/27/24 Page 2 of 2