Messee v. Colvin

Filing 20

ORDER granting 17 Stipulated Motion for EAJA Attorney Fees by Judge David W. Christel.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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LAURA MARIE MESSEE,

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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

CASE NO. 2:16-CV-01259-DWC
ORDER ON STIPULATED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES

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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. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6.
19 This matter is before the Court on Plaintiff’s “Stipulated Motion for Attorney Fees Pursuant to
20 28 U.S.C. § 2412(d).” Dkt. 17.
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of

22 the parties (Dkt. 17), attorney time itemization (Dkt. 17-2), and the relevant record, the Court
23 orders EAJA attorney’s fees of $5,896.01 (“EAJA Award”), be awarded to Plaintiff. Astrue v.
24 Ratliff, 560 U.S. 586, 591–97 (2010).
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 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 Dellert Baird Law Offices, PLLC, 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, Dellert Baird Law
8 Offices, PLLC, at P.O. Box 97301, Lakewood, WA 98497.
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Dated this 10th day of April, 2017.

A

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David W. Christel
United States Magistrate Judge

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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 - 2