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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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JELAINE EDWARDS,

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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

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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 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.
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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

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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.
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Dated this 18th day of May, 2017.

A

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David W. Christel
United States Magistrate Judge

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