Welker v. Colvin

Filing 31

ORDER granting 29 Motion for EAJA Attorney Fees and Expenses signed 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 KENNETH L. WELKER, Plaintiff, 11 12 13 14 15 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. 16 17 18 19 20 21 22 23 24 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 1 and expenses in the amount of $10.39, 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 shall contact the Department of Treasury after the Order for 5 EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any 6 offset. If it is determined that plaintiff’s EAJA fees and expenses are not subject to any offset 7 allowed pursuant to the Department of the Treasury’s Offset Program, then the EAJA fees and 8 expenses shall be paid directly to Eitan Kassel Yanich, Esq., either by direct deposit of by check 9 payable to him, based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See 10 Plaintiff’s Declaration Regarding Net Worth and Payment of EAJA Fees, Dkt. 28. If there is an 11 offset, the remainder shall be made payable to plaintiff, based on the practice of the Department 12 of the Treasury. See, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4. Any check for EAJA fees and 13 expenses shall be mailed to plaintiff’s counsel, Eitan Kassel Yanich, Esq., at Law Office of Eitan 14 Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA 98501. 15 Dated this 30th day of June, 2017. A 16 17 J. Richard Creatura United States Magistrate Judge 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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