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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 JENNIFER G. WINGO, 11 12 13 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 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 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. 21 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 1 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. 10 Dated this 8th of August, 2017. A 11 12 David W. Christel United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND EXPENSES - 2

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