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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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TYSONIA GREEN,

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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

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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 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.
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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. 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

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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 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.
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Dated this 2nd day of May, 2017.

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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 FOR
COSTS - 2