Hanford v. Colvin

Filing 16

ORDER granting 15 Stipulated Motion for Attorney Fees - by Judge J. Richard Creatura. Nancy A. Berryhill (Acting Commissioner of the Social Security Administration) added. Carolyn W. Colvin (Acting Commissioner) terminated. (SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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MEGAN HANFORD,
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Plaintiff,
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v.
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NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration, 1

CASE NO. 2:16-cv-00921 JRC
ORDER ON STIPULATED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES AND
FOR COSTS

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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. 4; Consent to Proceed Before a United States Magistrate Judge, Dkt. 5).
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Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to
Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for Acting
23 Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken, pursuant to the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. §
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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND FOR
COSTS - 1

1 This matter is before the Court on plaintiff’s Stipulated Motion for Equal Access to Justice Act
2 Fees and Expenses (see Dkt. 15).
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of

4 the parties (see Dkt. 15), time and expense itemizations (Dkt. 15, Attachment 2), and the relevant
5 record, it is hereby ORDERED that EAJA attorney’s fees of $9,038.30 shall be awarded to
6 plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010
7 U.S. LEXIS 4763 at ***6-***7 (2010).
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It is further ORDERED that costs in the amount of $400.00 shall be awarded to plaintiff

9 pursuant to 28 U.S.C. §1920. Plaintiff’s attorney shall refund to plaintiff any money paid toward
10 these costs.
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The Acting Commissioner agrees to contact the Department of Treasury after the Order

12 for EAJA fees and costs is entered to determine if the EAJA fees and costs are subject to any
13 offset. If it is determined that plaintiff’s EAJA fees and costs are not subject to any offset
14 allowed pursuant to the Department of the Treasury’s Offset Program, then the checks for EAJA
15 fees and costs shall be made payable to Dellert Baird Law Offices, PLLC, based on plaintiff’s
16 assignment of these amounts to plaintiff’s attorney. If there is an offset, the remainder shall be
17 made payable to plaintiff, based on the practice of the Department of the Treasury (see, e.g.,
18 Case No. 2:15-cv-122, Dkt. 22, p. 4). Any checks for EAJA fees and costs shall be mailed to
19 plaintiff’s counsel, Dellert Baird Law Offices, PLLC, at P.O. Box 97301, Lakewood, WA 98301.
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Dated this 27th day of March, 2017.

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 AND FOR
COSTS - 2