Moon v. Colvin

Filing 21

ORDER GRANTING 19 EAJA APPLICATION FOR FEES AND COSTS by Hon. Brian A Tsuchida.(AE)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 SEAN D. MOON, 8 Plaintiff, 9 v. 10 NANCY A. BERRYHILL, Acting 11 Commissioner of Social Security, ORDER GRANTING EAJA APPLICATION FOR FEES AND COSTS Defendant. 12 13 Case No. C16-5435 BAT The Court GRANTS plaintiff’s motion for EAJA fees and expenses, Dkt. 19, and 14 ORDERS: 15 1. Plaintiff is awarded EAJA fees of $4,281.40 and expenses of $6.30. The award is 16 subject to offsets allowed under the Treasury Offset Program. See Astrue v. Ratliff, 130 S. Ct. 17 2521, 560 U.S. __ (2010). 18 2. Payment of this award shall be sent to Plaintiff’s attorney Eitan Kassel Yanich at: 19 Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA. 98501. 20 3. The Commissioner shall consider the matter of Plaintiff’s assignment of EAJA 21 fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, the ability to honor the 22 assignment will depend on whether the EAJA fees and expenses are subject to any offset allowed 23 under the Treasury Offset Program. The Commissioner agrees to contact the Department of Treasury within a reasonable period of time from the issuance of this order for EAJA fees and ORDER GRANTING EAJA APPLICATION FOR FEES AND COSTS - 1 1 expenses to determine whether such and expenses are subject to any offset. If the EAJA fees and 2 expenses are not subject to any offset, the EAJA attorney’s fees and expenses will be paid 3 directly to Plaintiff’s attorney Eitan Kassel Yanich, either by direct deposit or by check payable 4 to him and mailed to counsel’s address. 5 DATED this 15th day of May, 2017. 6 A 7 BRIAN A. TSUCHIDA United States Magistrate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ORDER GRANTING EAJA APPLICATION FOR FEES AND COSTS - 2

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