Erickson v. Berryhill

Filing 16

ORDER granting 14 Unopposed Motion for EAJA Attorney Fees and Expenses 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 LAURIE JEAN ERICKSON, Plaintiff, 11 12 13 14 15 v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, CASE NO. 2:17-CV-00933-JRC ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES Defendant. 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 Consent to Proceed Before a United States Magistrate Judge, Dkt. 2). This matter is before the Court on plaintiff’s Unopposed Motion for Equal Access to Justice Act Fees and Expenses (see Dkt. 14). Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the stipulation of the parties (see Dkt. 14, Attachment 4), attorney time and expense itemizations (Dkt. 14, Attachment 2), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $8,855.55 and expenses of $26.10, shall be awarded to plaintiff pursuant to the EAJA and ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES - 1 1 consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 2 (2010). 3 The Acting Commissioner shall contact the Department of Treasury after the Order for 4 EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any 5 offset. If it is determined that plaintiff’s EAJA fees and expenses are not subject to any offset 6 allowed pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA 7 fees and expenses shall be made payable to George Andre Fields, Esq., based on plaintiff’s 8 assignment of these amounts to plaintiff’s attorney (see Fee Agreement, Dkt. 14, Attachment 3). 9 If there is an offset, the remainder shall be made payable to plaintiff, based on the practice of the 10 Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA 11 fees and expenses shall be mailed to plaintiff’s counsel, George Andre Fields, Esq. at P.O. Box 12 231024, Sacramento, CA 95823. 13 Dated this 6th day of March, 2018. A 14 15 J. Richard Creatura United States Magistrate Judge 16 17 18 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES - 2

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