Welker v. Colvin
Filing
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ORDER granting 29 Motion for EAJA Attorney Fees and Expenses signed by Judge J Richard Creatura.(SH)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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KENNETH L. WELKER,
Plaintiff,
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v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
CASE NO. 3:16-cv-05145 JRC
ORDER ON UNOPPOSED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES AND
EXPENSES
Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6).
This matter is before the Court on plaintiff’s Motion for Attorney’s Fees and Expenses Pursuant
to 28 U.S.C. § 2412. See Dkt. 29. Defendant has no objection to plaintiff’s motion. See Dkt. 30.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion
(see Dkt. 29), the attorney declaration and time and expense itemizations (Dkt. 29, Attachments
2, 3), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $7,507.71
ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND EXPENSES - 1
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and expenses in the amount of $10.39, shall be awarded to plaintiff pursuant to the EAJA and
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consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7
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(2010).
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The Acting Commissioner shall contact the Department of Treasury after the Order for
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EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any
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offset. If it is determined that plaintiff’s EAJA fees and expenses are not subject to any offset
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allowed pursuant to the Department of the Treasury’s Offset Program, then the EAJA fees and
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expenses shall be paid directly to Eitan Kassel Yanich, Esq., either by direct deposit of by check
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payable to him, based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See
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Plaintiff’s Declaration Regarding Net Worth and Payment of EAJA Fees, Dkt. 28. If there is an
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offset, the remainder shall be made payable to plaintiff, based on the practice of the Department
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of the Treasury. See, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4. Any check for EAJA fees and
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expenses shall be mailed to plaintiff’s counsel, Eitan Kassel Yanich, Esq., at Law Office of Eitan
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Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA 98501.
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Dated this 30th day of June, 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
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