Ware v. Colvin

Filing 24

ORDER granting 21 Motion for 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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AUDREY GRACE WARE,
Plaintiff,

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

CASE NO. 2:16-cv-01475 JRC
ORDER ON UNOPPOSED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES AND
EXPENSES

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. 7; Consent to Proceed Before a United States Magistrate Judge, Dkt. 8).
This matter is before the Court on plaintiff’s Motion for Attorney’s Fees Pursuant to Equal
Access to Justice Act, 28 U.S.C. § 2412. See Dkt. 21. Defendant has no objection to plaintiff’s
motion. See Dkt. 23.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Unopposed
motion (see Dkts. 21, 23), the attorney affirmation and time and expense itemizations (Dkt. 22,

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

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Attachments 1, 2, 3, 4), and the relevant record, it is hereby ORDERED that EAJA attorney’s

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fees of $5,363.46 and expenses in the amount of $19.29, shall be awarded to plaintiff pursuant to

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the 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 agrees to contact the Department of Treasury after the Order

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for EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to

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any offset. If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed

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pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees and

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expenses shall be made payable to Howard D. Olinsky, Esq., based on plaintiff’s assignment of

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these amounts to plaintiff’s attorney (see Plaintiff’s Affirmation and Waiver of Direct Payment

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of EAJA Fees, Dkt. 22, Attachment 5). If there is an offset, the remainder shall be made payable

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to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-

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122, Dkt. 22, p. 4). Any check for EAJA fees and expenses shall be mailed to plaintiff’s counsel,

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Howard D. Olinsky, Esq., at Olinsky Law Group, 300 South State Street, Suite 420, Syracuse,

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NY 13202.

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Dated this 27th 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 AND EXPENSES - 2