Wingo v. Colvin

Filing 25

ORDER granting 23 Plaintiffs Motion for Attorneys Fees and Expenses Pursuant to 28 U.S.C. § 2412 - signed by Judge David W. Christel.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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JENNIFER G. WINGO,

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Plaintiff,
v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,

CASE NO. 3:16-CV-05619-DWC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES AND EXPENSES

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Defendant.
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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 Consent to Proceed before a United States Magistrate
18 Judge, Dkt. 6. This matter is before the Court on “Plaintiff’s Motion for Attorney’s Fees and
19 Expenses Pursuant to 28 U.S.C. § 2412.” Dkt. 23. Defendant has no objection to Plaintiff’s
20 Motion. Dkt. 24.
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s

22 motion and attorney time itemization (Dkt. 18, 18-3), and the relevant record, the Court orders
23 EAJA attorney’s fees of $8,217.32 and expenses of $5.18, for a total of $8,222.50 (“EAJA
24 Award”) be awarded to Plaintiff. Astrue v. Ratliff, 560 U.S. 586, 591–97 (2010).
ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 1

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The Acting Commissioner shall contact the Department of Treasury after this Order is

2 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the
3 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the
4 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly
5 to Eitan Kassel Yanich, Plaintiff’s counsel, by either direct deposit or check made payable to
6 him. If there is an offset, any remainder shall be made payable to Plaintiff, based on the
7 Department of the Treasury’s Offset Program and standard practices, and the check shall be
8 mailed to Plaintiff’s counsel, Eitan Kassel Yanich, at Eitan Kassel Yanich, PLLC, 203 Fourth
9 Avenue E., Suite 321, Olympia, WA 98501.
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Dated this 8th of August, 2017.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND
EXPENSES - 2