Lewis, Jr. v. Colvin

Filing 16

ORDER granting 15 Stipulated Motion for EAJA Fees - by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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DAVID E. LEWIS, JR.,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

CASE NO. 2:15-cv-01202 JRC
ORDER ON STIPULATED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES

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Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

17 Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
18 and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6).
19 This matter is before the Court on plaintiff’s Stipulated Motion for Equal Access to Justice Act
20 Fees (see Dkt. 15).
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of

22 the parties (see Dkt. 15), the attorney declaration and time itemizations (Dkt. 15, Attachments 2,
23 3), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $3,967.34 shall
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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 1

1 be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct.
2 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).
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The Acting Commissioner shall contact the Department of Treasury after the Order for

4 EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined
5 that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the
6 Treasury’s Offset Program, then the check for EAJA fees shall be made payable to David Oliver,
7 Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see Plaintiff’s
8 Declaration Regarding Net Worth and Payment of EAJA Fees, Dkt. 15, Attachment 4). If there
9 is an offset, the remainder shall be made payable to plaintiff, based on the practice of the
10 Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA
11 fees shall be mailed to plaintiff’s counsel, David Oliver, Esq., at David Oliver & Associates,
12 2608 South 47th Street, Suite C, Tacoma, WA 98409.
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Dated this 8th day of March, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 2