English v. Colvin
ORDER ADOPTING REPORT AND RECOMMENDATION; plaintiff's amended motion for attorney fees is granted by Judge Robert S. Lasnik. (RS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
NICK LYNN ENGLISH,
Case No. 3:16-cv-05010-RSL-KLS
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
ORDER GRANTING PLAINTIFF’S
AMENDED MOTION FOR ATTORNEY
FEES UNDER 28 U.S.C. § 2412(d)
The Court, having reviewed plaintiff's complaint, the Report and Recommendation of
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:
the Court adopts the Report and Recommendation;
Plaintiff is granted attorney fees in the amount of $1,436.33.
Subject to any offset allowed under the Treasury Offset Program, as discussed in Astrue
v. Ratliff, 560 U.S. 586 (2010), payment of this award shall be sent to plaintiff’s
attorney Kevin Kerr at his address: Schneider Kerr Law Offices, P.O. Box 14490,
Portland, OR 97293.
After the Court issues this Order, defendant will consider the matter of plaintiff’s
assignment of EAJA fees and expenses to plaintiff’s attorney. Pursuant to Astrue v.
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
Defendant agrees to contact the Department of Treasury after this Order is entered to
determine whether the EAJA attorney fees and expenses are subject to any offset. If the
EAJA attorney fees and expenses are not subject to any offset, those fees and expenses
will be paid directly to plaintiff’s attorney, either by direct deposit or by check payable
to him and mailed to his address.
Dated this 4th day of January, 2017.
Robert S. Lasnik
United States District Judge
ORDER - 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?