Williams v. Colvin

Filing 33

ORDER adopting 32 Findings and Recommendations and granting 27 Motion for Attorney Fees. Signed by Judge Dana L. Christensen on 4/5/2018. (APP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

DONNA L. WILLIAMS,
Plaintiff,
vs.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendation in this case on February 20, 2018, recommending that Plaintiffs
request for attorney fees be granted in the amount of $11,752.10. (Doc. 32 at 6.)
Neither party objected to the Findings and Recommendation and, consequently,
both parties have waived the right to de novo review thereof. 28 U.S.C. §
636(b )(1 )(C). Absent objection, this Court reviews findings and recommendations
for clear error. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)
(en bane); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe Court
is left with a "definite and firm conviction that a mistake has been committed."

United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).
After reviewing for clear error and finding none,

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IT IS ORDERED that Judge Lynch's Findings and Recommendation (Doc.
32) are ADOPTED IN FULL. Plaintiffs Application for Attorney's Fees Pursuant
to the Equal Access to Justice Act 28 U.S.C. § 2412(d) (Doc. 27) is GRANTED in
the amount of $11,752.10.
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, the fees will be
made payable to Plaintiffs attorneys. 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 made out to Plaintiff but delivered to Plaintiffs
attorneys.
DATED this 5th day of April, 2018.

Dana L. Christensen, Chief istrict Judge
United States District Court

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