Smith v. Berryhill

Filing 20

ORDER granting 18 MOTION FOR ATTORNEY FEES AND EXPENSES PURSUANT TO 28 U.S.C. § 2412 signed by Judge David W. Christel.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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CHARLENE A. SMITH,

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Plaintiff,
v.
NANCY A BERRYHILL, Deputy
Commissioner of Social Security for
Operations,

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ORDER ON MOTION FOR
ATTORNEY FEES AND
EXPENSES PURSUANT TO 28
U.S.C. § 2412

Defendant.

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CASE NO. 2:17-CV-00873-DWC

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 Consent to Proceed before a United States Magistrate
Judge, Dkt. 5. This matter is before the Court on “Plaintiff’s Motion for Attorney’s Fees and
Expenses Pursuant to 28 U.S.C. § 2412.” Dkt. 18. Defendant does not object to Plaintiff’s
motion. See Dkt. 19.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s
motion and declaration (Dkt. 18), and the relevant record, the Court orders EAJA attorney’s fees

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ORDER ON MOTION FOR ATTORNEY FEES
AND EXPENSES PURSUANT TO 28 U.S.C. §
2412 - 1

1 of $5,760.44 and expenses in the amount of $5.70 (“EAJA Award”) be awarded to Plaintiff.
2 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

4 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the
5 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the
6 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly
7 to Eitan Kassel Yanich, Plaintiff’s counsel. If there is an offset, any remainder shall be made
8 payable to Plaintiff, based on the Department of the Treasury’s Offset Program and standard
9 practices, and the check shall be mailed to Plaintiff’s counsel, Eitan Kassel Yanich, Eitan Kassel
10 Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA 98501.
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Dated this 11th day of July, 2018.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON MOTION FOR ATTORNEY FEES
AND EXPENSES PURSUANT TO 28 U.S.C. §
2412 - 2