Reynolds v. Astrue

Filing 23

ORDER Granting 22 Stipulated Motion and Awarding EAJA Fees, Costs and Expenses, by Judge J Richard Creatura.(SC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DARLING REYNOLDS,

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Plaintiff,
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vs.
MICHAEL J. ASTRUE, Commissioner of the
Social Security Administration,
Defendant.

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CIVIL NO. 11-cv-05185-JRC
ORDER ON STIPULATION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, COSTS
AND EXPENSES

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

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Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge

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and Consent Form, ECF No. 5; Consent to Proceed Before a United States Magistrate Judge, ECF

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No. 8). This matter is before the Court on plaintiff’s Agreed Stipulated Motion for EAJA Fees,

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Costs and Expenses (see ECF No. 22).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (hereinafter “EAJA”), the

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Stipulation of the parties and Plaintiff’s Petition for Award of Attorney’s Fees, Costs & Expenses
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(ECF No. 22, Attachment 1), it is hereby ORDERED that EAJA attorney’s fees of $4,595.46 and
ORDER RE EAJA FEES - Page 1
[11-cv-5185-JRC]

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expenses in the amount of $19.68 (service by certified mail) shall be awarded to plaintiff pursuant

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to the EAJA, 28 U.S.C. § 2412, and that costs of $81.00 (copies) shall be awarded to plaintiff

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pursuant to 28 U.S.C. § 1920, for a total of $4,696.14.

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The EAJA award is subject to any applicable government offset to satisfy any pre-existing
debt that plaintiff owes the United States. See Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S.

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LEXIS 4763 at ***6-***7 (2010). Defendant has agreed to contact the Department of Treasury
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after the order for EAJA fees and expenses in entered in order to determine whether or not the

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EAJA fees and expenses award is subject to any offset. If the EAJA award is not subject to any

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offset, based on the assignment of this award to plaintiff’s attorney by plaintiff, the EAJA award

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then shall be made payable to plaintiff’s attorney, Rosemary B. Schurman (see Stipulated Motion,

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ECF No. 22, p. 2; see also Plaintiff’s Petition for Award of Attorney’s Fees, Costs & Expenses,

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ECF No. 22, Attachment 1, p. 2). The same shall apply for any remainder following any applicable

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offset. The award for attorney’s fees, costs and expenses shall be delivered to plaintiff’s counsel,
Rosemary B. Schurman.

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DATED this 17th day of October, 2011.
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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER RE EAJA FEES - Page 2
[11-cv-5185-JRC]