Piper v. Colvin

Filing 27

ORDER Granting 25 Motion for Attorney Fees signed by Hon. Brian A Tsuchida.(KMP)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RAYMOND H. PIPER,

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Plaintiff,

CASE NO. 3:15-cv-5611 BAT
ORDER GRANTING MOTION FOR
ATTORNEY FEES

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

Before the Court is Plaintiff’s motion for attorney fees of $16,977.50, pursuant to 42
U.S.C. § 406(b). Dkt. 25. Defendant is not opposed to the motion. Dkt. 26.
The Court previously awarded Plaintiff’s attorney a fee of $7,772.91 pursuant to the

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Equal Access to Justice Act (“EAJA”). Dkt. 24. However, $4,876.46 of the EAJA award was

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garnished to pay Plaintiff’s debts, leaving a balance of $2,896.45 paid to Plaintiff’s attorney.

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Dkt. 25, Exhibit E. Following remand and a second hearing, the ALJ awarded past due disability

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benefits to Plaintiff in the amount of $95,910.00. Dkt. 25, Exhibit A.

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Plaintiff requests the net sum of $16,977.50, which represents 25% of past due benefits

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awarded ($95,910.00 x 25% = $23,977.50), less $2,896.45 (EAJA fees previously received after

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garnishment), less $4,103.55 (additional voluntary reduction). Id.; Exhibits A-E.

ORDER GRANTING MOTION FOR ATTORNEY FEES - 1

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Having considered Plaintiff’s request, Respondent’s non-opposition, and all documents in

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support thereof, the Court hereby ORDERS that Plaintiff’s attorney Eitan Kassel Yanich is

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awarded $16,977.50. Social Security is directed to send to Plaintiff’s attorney the amount

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$16,977.50, minus any applicable processing fees as allowed by statute. After paying the attorney

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fees, Social Security shall release all remaining funds directly to Plaintiff.

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DATED this 6th day of October, 2017.

A

BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER GRANTING MOTION FOR ATTORNEY FEES - 2