Tiff-McCauley v. Colvin

Filing 21

ORDER granting 16 Motion for EAJA Attorney Fees signed by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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ASHLEY TIFF-MCCAULEY,

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Plaintiff,

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v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

CASE NO. 2:16-cv-01380 JRC
ORDER ON UNOPPOSED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES

Defendant.

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13. See also Notice of Initial Assignment to a U.S. Magistrate Judge
and Consent Form, Dkt. 6; Consent to Proceed Before a United States Magistrate Judge, Dkt. 7.
This matter is before the Court on plaintiff’s Motion for EAJA Fees. See Dkt. 16. Defendant has
no objection to plaintiff’s motion. See Dkt. 20.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s
motion, (see Dkt. 16), plaintiff’s Memorandum of Law in Support of Motion for Attorney’s Fees
(Dkt. 17), the Declaration of D. James Tree in Support of EAJA Attorney Fees (Dkt. 18),

ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 1

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Itemized Billing Statement (Dkt. 16, Attachment 1), and the relevant record, it is hereby

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ORDERED that EAJA attorney’s fees of $7,129.16 shall be awarded to plaintiff pursuant to the

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EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at

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***6-***7 (2010).

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The Acting Commissioner shall contact the Department of Treasury after the Order for

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EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined

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that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the

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Treasury’s Offset Program, then the check for EAJA fees shall be made payable to D. James

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Tree, Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see Written

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Fee Agreement (Dkt. 16, Attachment 2) and Plaintiff’s Declaration (Dkt. 19). If there is an

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offset, the remainder shall be made payable to plaintiff, based on the practice of the Department

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of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall

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be mailed to plaintiff’s counsel, D. James Tree, Esq., at Tree Law Office, 3711 Englewood

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Avenue, Yakima, WA 98902.

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Dated this 14th day of July, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 2