Green v. Colvin

Filing 26

ORDER granting 23 Stipulated Motion for EAJA Attorney Fees and for 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 TYSONIA GREEN, 11 12 13 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, CASE NO. 2:16-CV-01211-DWC ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND FOR 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 Stipulated Motion to Remand and Consent to Proceed 18 before a United States Magistrate Judge, Dkt. 20. This matter is before the Court on Plaintiff’s 19 “Stipulated Motion Regarding Attorney Fees Pursuant to EAJA” Dkt. 23. 20 Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of 21 the parties (Dkt. 23), attorney time itemization (Dkt. 25-2), and the relevant record, the Court 22 orders EAJA attorney’s fees of $4,624.32 and costs, pursuant to 28 U.S.C. § 1920, of $400.00, 23 for a total of $5,024.32 (“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 FOR 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 Schroeter, Goldmark & Bender, Plaintiff’s counsel. If there is an offset, any remainder shall 6 be made payable to Plaintiff, based on the Department of the Treasury’s Offset Program and 7 standard practices, and the check shall be mailed to Plaintiff’s counsel, Schroeter, Goldmark & 8 Bender, 500 Central Building, 810 Third Avenue, Seattle, WA 98104. 9 Dated this 2nd 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 FOR COSTS - 2

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