Hutchinson v. Colvin

Filing 18

ORDER granting 17 Stipulated Motion for EAJA Fees, Expenses and Costs - by Judge J Richard Creatura. Nancy A. Berryhill (Acting Commissioner of the Social Security Administration) added. Carolyn W Colvin terminated. (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 MATTHEW HUTCHINSON, 11 Plaintiff, v. 12 14 NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, 1 15 CASE NO. 3:16-cv-05319 JRC ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES, EXPENSES AND COSTS 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. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 4). 19 This matter is before the Court on plaintiff’s Stipulation to EAJA Fees and Costs (see Dkt. 17). 20 21 22 1 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to 23 Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill is substituted for Acting Commissioner Carolyn W. Colvin as the defendant in this suit, pursuant to the last sentence of 24 section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES, EXPENSES AND COSTS - 1 1 Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of 2 the parties (see Dkt. 17), and the relevant record, it is hereby ORDERED that EAJA attorney’s 3 fees of $6,000.00 and expenses in the amount of $5.61 (postage), shall be awarded to plaintiff 4 pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. 5 LEXIS 4763 at ***6-***7 (2010). 6 It is further ORDERED that costs in the amount of $417.00 (filing fee $400.00, 7 photocopies $17.00) shall be awarded to plaintiff pursuant to 28 U.S.C. § 1920. 8 The Acting Commissioner agrees to contact the Department of Treasury after the Order 9 for EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to 10 any offset. If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed 11 pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees shall 12 be made payable to Teal M. Parham, Esq., based on plaintiff’s assignment of these amounts to 13 plaintiff’s attorney (see Dkt. 17, p. 2). If there is an offset, the remainder shall be made payable 14 to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv15 122, Dkt. 22, p. 4). Any check for EAJA fees shall be mailed to plaintiff’s counsel, Teal M. 16 Parham, Esq., at 910 12th Avenue – PO Box 757, Longview, WA 98632. 17 Dated this 2nd day of March, 2017. A 18 19 J. Richard Creatura United States Magistrate Judge 20 21 22 23 24 ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES, EXPENSES AND COSTS - 2

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