Anderson v. Colvin

Filing 27

ORDER granting 22 Motion for EAJA Attorney Fees by Judge David W. Christel.(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 STEVE ANDERSON, 11 12 13 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, CASE NO. 3:16-CV-05409-DWC ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES 14 Defendant. 15 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. 7. 19 This matter is before the Court on Plaintiff’s “Motion for EAJA Attorney’s Fees.” Dkt. 22. 20 Defendant has no objection to Plaintiff’s motion. Dkt. 26. 21 Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s 22 motion (Dkt. 22), the attorney time itemization (Dkt. 22-1), Plaintiff’s Memorandum of Law in 23 Support of Motion for Attorney’s Fees (Dkt. 23), the Plaintiff’s declaration (Dkt. 24), the 24 attorney declaration (Dkt. 25) and the relevant record, the Court orders EAJA attorney’s fees of ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 1 1 $5,973.08 (“EAJA Award”), be awarded to Plaintiff. Astrue v. Ratliff, 560 U.S. 586, 591–97 2 (2010). 3 The Acting Commissioner shall contact the Department of Treasury after this Order is 4 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the 5 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the 6 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly 7 to D. James Tree, Plaintiff’s counsel. If there is an offset, any remainder shall be made payable 8 to Plaintiff, based on the Department of the Treasury’s Offset Program and standard practices, 9 and the check shall be mailed to Plaintiff’s counsel, D. James Tree at Tree Law Office, 3711 10 Englewood Avenue, Yakima, WA 98902. 11 Dated this 10th day of April, 2017. A 12 13 David W. Christel United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 2

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