Ware v. Colvin

Filing 24

ORDER granting 21 Motion for Attorney Fees signed by Judge J Richard Creatura.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 AUDREY GRACE WARE, Plaintiff, 11 12 13 14 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. 15 16 17 18 19 20 21 22 23 24 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 1 Attachments 1, 2, 3, 4), and the relevant record, it is hereby ORDERED that EAJA attorney’s 2 fees of $5,363.46 and expenses in the amount of $19.29, shall be awarded to plaintiff pursuant to 3 the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at 4 ***6-***7 (2010). 5 The Acting Commissioner agrees to contact the Department of Treasury after the Order 6 for EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to 7 any offset. If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed 8 pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees and 9 expenses shall be made payable to Howard D. Olinsky, Esq., based on plaintiff’s assignment of 10 these amounts to plaintiff’s attorney (see Plaintiff’s Affirmation and Waiver of Direct Payment 11 of EAJA Fees, Dkt. 22, Attachment 5). If there is an offset, the remainder shall be made payable 12 to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv- 13 122, Dkt. 22, p. 4). Any check for EAJA fees and expenses shall be mailed to plaintiff’s counsel, 14 Howard D. Olinsky, Esq., at Olinsky Law Group, 300 South State Street, Suite 420, Syracuse, 15 NY 13202. 16 Dated this 27th day of July, 2017. A 17 18 J. Richard Creatura United States Magistrate Judge 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES - 2

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