Bean v. Colvin

Filing 25

ORDER granting 23 Motion for Attorney Fees by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DAVID L. BEAN,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
Commissioner of the Social Security
Administration,

CASE NO. 3:16-cv-05104 JRC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES AND EXPENSES

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Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

16 Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
17 and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 8).
18 This matter is before the Court on plaintiff’s Motion for Equal Access to Justice Act Fees and
19 Expenses (see Dkt. 23). Defendant has no objections to plaintiff’s motion (see Dkt. 24).
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion

21 (see Dkt. 23), the attorney declaration and time and expense itemizations (Dkt. 23, Attachments
22 2, 3, 4, 5, 6), and the relevant record, it is hereby ORDERED that attorney’s fees in the total
23 amount of $5,845.15 (which is for work performed by Jeffrey Baird in the amount of $4, 754.16
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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 1

1 plus work performed by Elie Halpern in the amount of $134.19 and work performed by Timothy
2 Kidd in the amount of $956.80) and expenses in the amount of $2.45 (for postage, long distance
3 calls, and fax charges) be awarded pursuant to the Equal Access to Justice Act, 28 U.S.C. §
4 2412(d), and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at
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It is further ORDERED that costs in the amount of $26.60 (for photocopies and filing

7 fee) are awarded to plaintiff pursuant to 28 U.S.C. § 1920.
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The Acting Commissioner agrees to contact the Department of Treasury after the Order

9 for EAJA fees, expenses and costs is entered to determine if the EAJA fees, expenses and costs
10 are subject to any offset. If it is determined that plaintiff’s EAJA fees, expenses and costs are not
11 subject to any offset allowed pursuant to the Department of the Treasury’s Offset Program, then
12 the check for EAJA fees, expenses and costs shall be made payable to plaintiff’s attorney, Elie
13 Halpern, Esq., and delivered via check to Elie Halpern’s office at Elie Halpern & Associates,
14 PLLC, 1800 Cooper Pt. Road SW, Bldg. 19, Olympia, WA 98502, based on plaintiff’s
15 assignment of these amounts to plaintiff’s attorney (see Federal Court Retainer Agreement, Dkt.
16 23, Attachment 7). If there is an offset, the remainder shall be made payable to plaintiff, based
17 on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4).
18 Any check for EAJA fees shall be mailed to plaintiff’s counsel, Elie Halpern’s office at Elie
19 Halpern & Associates, PLLC, 1800 Cooper Pt. Road SW, Bldg. 19, Olympia, WA 98502.
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Dated this 4th day of January, 2017.

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