Stewart v. Colvin

Filing 22

ORDER granting 21 Unopposed Motion for Equal Access to Justice Act Fees and Expenses by Judge J Richard Creatura.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 LETITIA DE VAWN STEWART, 11 12 Plaintiff, v. 14 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, 15 CASE NO. 3:16:cv-05080 JRC ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES Defendant. 13 16 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local 17 Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge 18 and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6). 19 This matter is before the Court on plaintiff’s unopposed Motion for Equal Access to Justice Act 20 Fees and Expenses (see Dkt. 21). 21 Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion 22 (see Dkt. 21), the attorney declaration and time and expense itemizations (Dkt. 21, Attachments 23 1, 3), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $5,246.37 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES - 1 1 and expenses in the amount of $20.88, shall be awarded to plaintiff pursuant to the EAJA and 2 consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 3 (2010). 4 The Acting Commissioner agrees to contact the Department of Treasury after the Order 5 for EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to 6 any offset. If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed 7 pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees shall 8 be made payable to Charles W. Talbot, Esq., based on plaintiff’s assignment of these amounts to 9 plaintiff’s attorney (see Attorney-Client Agreement re: Social Security Disability, Dkt. 21, 10 Attachment 2). If there is an offset, the remainder shall be made payable to plaintiff, based on 11 the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). 12 Any check for EAJA fees shall be mailed to plaintiff’s counsel, Charles W. Talbot, Esq., at Law 13 Office of Talbot & Associates, P.S., 5005 Center Street, Suite E, Tacoma, WA 98409. 14 Dated this 13th day of October, 2016. A 15 16 J. Richard Creatura United States Magistrate Judge 17 18 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES - 2

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