Matthews v. Berryhill

Filing 14

ORDER granting 13 Motion for Attorney Fees and Costs signed by Judge David W. Christel.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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JOSEPH JUNIOR MATTHEWS,

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Plaintiff,

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

ORDER ON MOTION FOR
ATTORNEY FEES AND COSTS
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28
U.S.C. § 2412 (d)

Defendant.
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. 3. This matter is before the Court on Plaintiff’s “Motion for Award of Attorney Fees
and Costs Pursuant to 28 U.S.C. § 2412.” Dkt. 13. Defendant did not file a response or any
objections to Plaintiff’s motion. See Dkt.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s
motion (Dkt. 13), and the relevant record, the Court orders EAJA attorney’s fees of $4,959.00

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CASE NO. 2:17-CV-01000-DWC

ORDER ON MOTION FOR ATTORNEY FEES
AND COSTS PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 (D) 1

1 and costs in the amount of $400.00, pursuant to 28 U.S.C. §1920, (“EAJA Award”) be awarded
2 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

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 Christopher T. Lyons, 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, Christopher T. Lyons, at Truitt &
10 Lyons, P.O. Box 1645, Coupeville, WA 98239
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Dated this 3rd day of April, 2018.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON MOTION FOR ATTORNEY FEES
AND COSTS PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 (D) 2