Kirk v. Colvin

Filing 20

ORDER granting 19 Stipulated Motion for Attorney Fees by Judge Thomas S. Zilly.(RS)

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U.S. District Judge Thomas S. Zilly

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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JAMES KIRK,
Plaintiff,

3:16-CV-05419-TSZ

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vs.
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NANCY BERRYHILL, Acting
Commissioner of Social Security1,
Defendant.

ORDER

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The parties’ stipulated motion concerning attorney fees and costs, docket no. 19, is
GRANTED, and it is hereby ORDERED that attorney fees in the amount of $2,080.94 and costs
in the amount of $400 shall be awarded to Plaintiff pursuant to the Equal Access to Justice Act,
28 U.S.C. § 2412. The parties agree that attorney fees will be paid to Plaintiff’s attorney,
dependent upon verification that Plaintiff has no debt which qualifies for offset against the
awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct.
2521 (2010).

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Pursuant to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is substituted for former
Acting Commissioner Carolyn W. Colvin as the defendant in this matter.

If Plaintiff has no such debt, then the check shall be made payable to Plaintiff’s attorney

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and mailed to Plaintiff’s attorney’s office as follows: Kevin Kerr, P.O. Box 14490, Portland, OR

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97293. If Plaintiff has a debt, then the check for any remaining funds after offset of the debt

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shall be made payable to Plaintiff and mailed to Plaintiff's attorney's office at the address stated

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above.

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DATED this 3rd day of February, 2017.

A

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Thomas S. Zilly
United States District Judge

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Presented by:
s/ Kevin Kerr
KEVIN KERR, WSB #47715
Schneider Kerr Law Offices
PO Box 14490
Portland, OR 97293
[phone]
[e-mail]