3:25-cv-00895
D. Or.
May 5, 2026

SCOTT HARDEN v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION

CIVIL No. 3:25-CV-00895-AB

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

May 5, 2026

HONORABLE AMY M. BAGGIO

Attorney for Plaintiff: Rory J. Linerud

Rory J. Linerud, OSB # 970061
Rory@LinerudLawFirm; rorylinerud@hotmail.com
Linerud Law Firm
PO Box 5734
Salem, OR 97304
Phone: (971) 218-6954
Attorney for Plaintiff

ORDER AWARDING FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT

For the reasons set forth in the parties’ stipulated motion for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS HEREBY ORDERED AS FOLLOWS:

Plaintiff is hereby awarded $8,300.00 in fees under the EAJA. Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to Plaintiff and not to Plaintiff’ s attorney. If, after receiving the Court’ s EAJA fee order, the Commissioner (1) determines that Plaintiff has assigned his right to EAJA fees to his attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3) agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’ s attorney. However, if there is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid by a check or electronic fund transfer (EFT) made out to Plaintiff but delivered to Plaintiff’ s attorney.

IT IS SO ORDERED.

DATED this 5th day of May, 2026.

HONORABLE AMY M. BAGGIO

UNITED STATES DISTRICT COURT JUDGE

Presented by:

/s/ Rory J. Linerud

RORY J. LINERUD

Oregon State Bar #970061

Attorney for Plaintiff

Linerud Law Firm

PO Box 5734

Salem, OR 97304

Phone: (971)218-6954

Email: Rory@LinerudLawFirm.com

Fax: (503)877-6691