Betts v. Colvin

Filing 23

ORDER granting 21 Motion for EAJA Attorney Fees 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 GREGORY STEVEN BETTS, 11 Plaintiff, 12 13 14 15 v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, CASE NO. 3:16-cv-05570 JRC ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES Defendant. 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. 6; Consent to Proceed Before a United States Magistrate Judge, Dkt. 9). 19 This matter is before the Court on plaintiff’s Motion for Equal Access to Justice Act Fees (see 20 Dkt. 21). Defendant has no objection to plaintiff’s motion (see Dkt. 22). 21 Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), plaintiff’s motion 22 (see Dkt. 21), plaintiff’s brief regarding EAJA fees (Dkt. 21, Attachment 1), the attorney 23 declaration and time itemizations (Dkt. 21, Attachments 3, 4), and the relevant record, it is 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 1 1 hereby ORDERED that EAJA attorney’s fees of $2,597.00 shall be awarded to plaintiff pursuant 2 to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 3 at ***6-***7 (2010). 4 The Acting Commissioner shall contact the Department of Treasury after the Order for 5 EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined 6 that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the 7 Treasury’s Offset Program, then the electronic payment or check for EAJA fees shall be made 8 payable to Christopher Lyons, Esq., based on plaintiff’s assignment of these amounts to 9 plaintiff’s attorney (see Fee Agreement, Dkt. 21, Attachment 5). If there is an offset, the 10 remainder shall be made payable to plaintiff, based on the practice of the Department of the 11 Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall be 12 mailed to plaintiff’s counsel, Christopher Lyons, Esq., at Truitt & Lyons, P.O. Box 1645, 13 Coupeville, WA 98239 or deposited to his account via electronic payment. 14 Dated this 11th day of January, 2017. A 15 16 J. Richard Creatura United States Magistrate Judge 17 18 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 2

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