Stevens v. Berryhill

Filing 22

ORDER granting 21 Stipulated 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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LOREAL STEVENS,
Plaintiff,

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

CASE NO. 2:17-CV-00097-JRC
ORDER ON STIPULATED 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. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6).
This matter is before the Court on plaintiff’s Stipulated Motion for Attorney Fees (see Dkt. 21).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the stipulation of
the parties (see Dkt. 21), the attorney declaration and time and expense itemizations (Dkt. 21,
Attachments 1, 3), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of

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

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$3,112.56 shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v.

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Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***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 are subject to any offset. If

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

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Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made

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payable to Victoria B. Chhagan, Esq., based on plaintiff’s assignment of these amounts to

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plaintiff’s attorney (see Plaintiff’s Declaration Regarding Net Worth and Payment of EAJA Fees

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and Federal Court Retainer Agreement, Dkt. 21, Attachments 4, 5). If there is an offset, the

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

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

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mailed to plaintiff’s counsel, Victoria B. Chhagan, Esq., at Douglas, Drachler, McKee &

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Gilbrough, 1904 Third Avenue, Suite 1030, Seattle, WA 98101.

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Dated this 15th day of August, 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