Wingo v. Astrue

Filing 28

ORDER granting 25 Motion for Attorney Fees by Judge Benjamin H Settle.(TG)

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United States District Judge BENJAMIN H. SETTLE 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 JENNIFER WINGO, 10 Plaintiff, 11 vs. 12 13 CAROLYN W. COLVIN, Acting Commissioner of Social Security, 14 Defendant. ) ) CIVIL NO. 3:12-cv-5582BHS-KLS ) ) ORDER FOR EAJA FEES AND ) EXPENSES ) ) ) ) ) 15 THIS MATTER having come on regularly before the undersigned upon Plaintiff’s 16 unopposed Motion to Award EAJA Fees and Expenses, and the Court agreeing that EAJA 17 fees and expenses should be awarded, good cause having been shown, now, therefore, it 18 is hereby 19 ORDERED that Plaintiff is hereby awarded EAJA fees of $7,456.16 and expenses 20 in the sum of $23.52. Subject to any offset allowed under the Treasury Offset Program, as 21 discussed in Astrue v. Ratliff, 130 S. Ct. 2521, 560 U.S. __ (2010), payment of this award 22 23 ORDER FOR EAJA FEES AND EXPENSES [3:12-cv-5582BHS-KLS] - 1 Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321 Olympia, WA. 98501 (360) 705-1226 1 shall be sent to Plaintiff’s attorney Eitan Kassel Yanich at his address: Eitan Kassel 2 Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA. 98501. 3 After the Court issues the order for EAJA fees and expenses, the Commissioner 4 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 5 attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on 6 whether the EAJA fees and expenses are subject to any offset allowed under the Treasury 7 Offset Program. The Commissioner agrees to contact the Department of Treasury after 8 the order for EAJA fees and expenses is entered to determine whether the EAJA fees and 9 expenses are subject to any offset. If the EAJA fees and expenses are not subject to any 10 offset, the EAJA attorney’s fees and expenses will be paid directly to plaintiff’s attorney 11 Eitan Kassel Yanich, either by direct deposit or by check payable to him and mailed to his 12 address. 13 DATED this 3rd day of March, 2014. A 14 15 BENJAMIN H. SETTLE United States District Judge 16 17 Presented by: 18 19 20 S/EITAN KASSEL YANICH____________ EITAN KASSEL YANICH, WSBA #13690 Attorney for Plaintiff 21 22 23 ORDER FOR EAJA FEES AND EXPENSES [3:12-cv-5582BHS-KLS] - 2 Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321 Olympia, WA. 98501 (360) 705-1226

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