Mooney v. Colvin

Filing 26

ORDER granting 25 Unopposed Motion for Attorney Fees and Expenses by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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EDWARD EARL MOONEY,

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Plaintiff,
v.

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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

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CASE NO. 3:15-cv-05211 JRC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES AND EXPENSES

Defendant.

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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, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 7).
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This matter is before the Court on plaintiff’s Unopposed Motion for Equal Access to Justice Act
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Fees and Expenses (see Dkt. 25).
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion
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(see Dkt. 25), the attorney declaration and time and expense itemizations (Dkt. 25, Attachments
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1, 3), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $7,338.68
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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 1

1 and expenses in the amount of $20.10, for a total award of $7,358.78, shall be awarded to
2 plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010
3 U.S. LEXIS 4763 at ***6-***7 (2010).
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The Acting Commissioner shall contact the Department of Treasury after the Order for

5 EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any
6 offset. If it is determined that plaintiff’s EAJA fees and expenses are not subject to any offset
7 allowed pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA
8 fees and expenses shall be made payable to Charles W. Talbot, Esq., based on plaintiff’s
9 assignment of these amounts to plaintiff’s attorney (see Attorney-Client Agreement re Social
10 Security Disability, Dkt. 25, Attachment 2). If there is an offset, the remainder shall be made
11 payable to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No.
12 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees and expenses shall be mailed to plaintiff’s
13 counsel, Charles W. Talbot, Esq., at Talbot & Associates, P.S., 5005 Center Street, Suite E,
14 Tacoma, Washington 98409.
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Dated this 13th day of January, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 2