English v. Colvin

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATION; plaintiff's amended motion for attorney fees is granted by Judge Robert S. Lasnik. (RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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NICK LYNN ENGLISH,
Case No. 3:16-cv-05010-RSL-KLS

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Plaintiff,
v.

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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

ORDER GRANTING PLAINTIFF’S
AMENDED MOTION FOR ATTORNEY
FEES UNDER 28 U.S.C. § 2412(d)

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Defendant.

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The Court, having reviewed plaintiff's complaint, the Report and Recommendation of

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Judge Karen L. Strombom, United States Magistrate Judge, and objections to the report and
recommendation, if any, and the remaining record, does hereby find and ORDER:
(1)

the Court adopts the Report and Recommendation;

(2)

Plaintiff is granted attorney fees in the amount of $1,436.33.

(3)

Subject to any offset allowed under the Treasury Offset Program, as discussed in Astrue

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v. Ratliff, 560 U.S. 586 (2010), payment of this award shall be sent to plaintiff’s

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attorney Kevin Kerr at his address: Schneider Kerr Law Offices, P.O. Box 14490,

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Portland, OR 97293.

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(4)

After the Court issues this Order, defendant will consider the matter of plaintiff’s

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assignment of EAJA fees and expenses to plaintiff’s attorney. Pursuant to Astrue v.
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Ratliff, the ability to honor the assignment will depend on whether the EAJA fees and
expenses are subject to any offset allowed under the Treasury Offset Program.
ORDER - 1

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Defendant agrees to contact the Department of Treasury after this Order is entered to

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determine whether the EAJA attorney fees and expenses are subject to any offset. If the

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EAJA attorney fees and expenses are not subject to any offset, those fees and expenses

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will be paid directly to plaintiff’s attorney, either by direct deposit or by check payable

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to him and mailed to his address.
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Dated this 4th day of January, 2017.

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A
Robert S. Lasnik

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United States District Judge

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ORDER - 2