Cheong v. Colvin

Filing 17

ORDER granting 16 Stipulated Motion for EAJA Fees signed by Judge David W. Christel.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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ROBIN CHEONG,

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

CASE NO. 2:17-CV-00070-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 Consent to Proceed before a United States Magistrate
18 Judge, Dkt. 7. This matter is before the Court on Plaintiff’s “Stipulated Motion for Attorney Fees
19 Pursuant to the 28 U.S.C. § 2412(d).” Dkt. 16.
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s

21 stipulation (Dkt. 16), and the relevant record, the Court orders EAJA attorney’s fees of $4,075.76
22 (“EAJA Award”) be awarded to Plaintiff. Astrue v. Ratliff, 560 U.S. 586, 591–97 (2010).
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The Acting Commissioner shall contact the Department of Treasury after this Order is

24 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 1

1 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the
2 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly
3 to Dellert Baird Law Offices, PLLC, Plaintiff’s counsel. If there is an offset, any remainder shall
4 be made payable to Plaintiff, based on the Department of the Treasury’s Offset Program and
5 standard practices, and the check shall be mailed to Plaintiff’s counsel, Dellert Baird Law
6 Offices, PLLC, P.O. Box 97301, Lakewood, WA 98497.
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Dated this 5th day of September, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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