Bradford, Jr. v. Berryhill

Filing 17

ORDER granting 16 Unopposed 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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ROBERT BRADFORD, JR.,
Plaintiff,

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

CASE NO. 2:17-CV-00442-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. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 7).
This matter is before the Court on plaintiff’s unopposed Motion for Equal Access to Justice Act
Fees and Expenses (see Dkt. 16).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the lack of
opposition from defendant (see Dkt. 16), the attorney declaration and time and expense
itemizations (Dkt. 16, Attachments 1, 3), and the relevant record, it is hereby ORDERED that

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

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EAJA attorney’s fees of $7,856.46 and expenses in the amount of $20.82, shall be awarded to

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plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010

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U.S. LEXIS 4763 at ***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 and expenses is entered to determine if the EAJA fees and expenses are subject to any

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

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

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fees and expenses shall be made payable to Charles W. Talbot, Esq., based on plaintiff’s

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assignment of these amounts to plaintiff’s attorney (see Attorney-Client Agreement re Social

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Security Disability, Dkt. 16, Attachment 2). If there is an offset, the remainder shall be made

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payable to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No.

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2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall be mailed to plaintiff’s counsel,

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Charles W. Talbot, Esq., at Law Office of Talbot & Associates, P.S., 5005 Center Street, Suite E,

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Tacoma, WA 98409.

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Dated this 5th day of January, 2018.

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