O'Neal v. Colvin

Filing 17

ORDER granting 16 Stipulated Motion for EAJA Attorney Fees signed by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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AMANDA O'NEAL,
Plaintiff,

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v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

CASE NO. 3:16-CV-05700-JRC
ORDER ON STIPULATED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES

Defendant.

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13. (See also Notice of Initial Assignment to a U.S. Magistrate
Judge and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge,
Dkt. 6). This matter is before the Court on plaintiff’s Stipulated Motion for Equal Access to
Justice Act Fees. (See Dkt. 16).
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of
the parties (see Dkt. 16), and the relevant record, it is hereby ORDERED that EAJA attorney’s

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 1

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fees of $5,028.95, shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue

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v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).

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The Acting Commissioner shall contact the Department of Treasury after the Order for

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EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined

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that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the

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Treasury’s Offset Program, then the check for EAJA fees shall be made payable to Dellert Baird

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Law Offices, PLLC, based on plaintiff’s assignment of these amounts to plaintiff’s attorney (see

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Dkt. 16). If there is an offset, the remainder shall be made payable to plaintiff, based on the

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practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any

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check for EAJA fees shall be mailed to plaintiff’s counsel, Dellert Baird Law Offices, PLLC,

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P.O. Box 97301, Lakewood, WA, 98497.

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Dated this 15th day of June, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 2