Ezell v. Berryhill
Filing
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ORDER granting 20 Motion for EAJA Attorney Fees, Expenses 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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LARRY DARNELL EZELL,
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Plaintiff,
v.
NANCY A BERRYHILL, Deputy
Commissioner of Social Security for
Operations,
CASE NO. 2:17-CV-01447-DWC
ORDER ON MOTION FOR
ATTORNEY FEES, EXPENSES
AND COSTS PURSUANT TO THE
EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. §§ 2412 (d), 1920
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. 6. This matter is before the Court on “Plaintiff’s Petition for Award of Attorney’s
Fees, Costs and Expenses Pursuant to 28 U.S.C. § 2412, 1920.” Dkt. 20. Defendant does not
object to Plaintiff’s motion. See Dkt. 22
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s
motion and memorandum (Dkts. 20, 21), and the relevant record, the Court orders EAJA
attorney’s fees of $8,481.65, expenses in the amount of $6.38, and costs, pursuant to 28 U.S.C. §
ORDER ON MOTION FOR ATTORNEY FEES,
EXPENSES AND COSTS PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. §§
2412 (D), 1920 - 1
1 1920, in the amount of $9.80 (“EAJA Award”) be awarded to Plaintiff. Astrue v. Ratliff, 560
2 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 Rosemary B. Schurman, 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, Rosemary B. Schurman, 8123 NE
10 115 Way, Kirkland, WA 98034.
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Dated this 26th day of June, 2018.
A
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David W. Christel
United States Magistrate Judge
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ORDER ON MOTION FOR ATTORNEY FEES,
EXPENSES AND COSTS PURSUANT TO THE
EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. §§
2412 (D), 1920 - 2
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