Edwards v. Colvin

Filing 18

ORDER granting 17 STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND COSTS - by Judge David W. Christel.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 JELAINE EDWARDS, 11 12 13 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, CASE NO. 2:16-cv-01102 DWC ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND COSTS 14 Defendant. 15 16 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 Consent to Proceed before a United States Magistrate 18 Judge, Dkt. 5. This matter is before the Court on Plaintiff’s “Stipulated Motion for EAJA Fees 19 and Costs.” Dkt. 17. 20 Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of 21 the parties (Dkt. 17), attorney time itemization (Dkt. 17-3), and the relevant record, the Court 22 orders EAJA attorney’s fees of $3,352.12, and costs, pursuant to 28 U.S.C. § 1920, of $400.00, 23 for a total of $3,752.12 (“EAJA Award”) be awarded to Plaintiff. Astrue v. Ratliff, 560 U.S. 586, 24 591–97 (2010). ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND COSTS - 1 1 The Acting Commissioner shall contact the Department of Treasury after this Order is 2 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the 3 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the 4 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly 5 to Victoria B. Chhagan, Plaintiff’s counsel. If there is an offset, any remainder shall be made 6 payable to Plaintiff, based on the Department of the Treasury’s Offset Program and standard 7 practices, and the check shall be mailed to Plaintiff’s counsel, Victoria B. Chhagan, Douglas, 8 Drachler, McKee & Gilbrough, 1904 Third Avenue, Seattle, WA 98101. 9 Dated this 18th day of May, 2017. A 10 11 David W. Christel United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND COSTS - 2

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