Schwitzke v. Colvin

Filing 29

ORDER GRANTING MOTION FOR EAJA FEES AND COSTS re: 23 Motion for Attorney Fees; and 28 Motion to Amend, signed by Judge David W. Christel.(KEB)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 MICHAEL LEE SCHWITZKE JR, 11 12 13 Plaintiff, CASE NO. 3:16-CV-06019-DWC ORDER GRANTING MOTION FOR EAJA FEES AND COSTS v. NANCY A BERRYHILL, Acting Commissioner of Social Security, 14 Defendant. 15 16 Plaintiff Michael Lee Schwitzke, Jr. filed a Motion for EAJA Fees and Costs, seeking 17 attorney’s fees under the Equal Access to Justice Act (“EAJA”). Dkt. 23. Pursuant to 28 U.S.C. § 18 636(c), Federal Rule of Civil Procedure 73 and Local Rule MJR 13, the parties have consented to 19 have this matter heard by the undersigned Magistrate Judge. See Dkt. 5. 20 Defendant asserted her position in this matter was substantially justified and requested no 21 fee be awarded. Dkt. 25. The Court found Defendant’s position was not substantially justified 22 and found Plaintiff’s fee request was reasonable. See Dkt. 27. The Court allowed Plaintiff to file 23 an amended fee request before entering an order granting Plaintiff’s Motion. Id. 24 ORDER GRANTING MOTION FOR EAJA FEES AND COSTS - 1 1 On January 8, 2018, Plaintiff filed the Amended Motion for EAJA Fees and Costs. Dkt. 2 28. In light of the Court’s previous Order and Plaintiff’s amended fee petition, the Court hereby 3 grants Plaintiff’s Motion as follows: 4 Plaintiff is awarded costs in the amount of $419.00. 5 Plaintiff is awarded expenses in the amount of $6.61. 6 Plaintiff is awarded attorney’s fees in the amount of $7,493.77, representing 38.30 hours 7 of work, for a total award of $7,918.38 (“EAJA Award”), pursuant to the EAJA and consistent 8 with Astrue v. Ratliff, 560 U.S. 586 (2010). 9 The Acting Commissioner shall contact the Department of Treasury to determine if the 10 EAJA Award is subject to any offset. If the U.S. Department of the Treasury verifies to the 11 Office of General Counsel that Plaintiff does not owe a debt, the government shall honor 12 Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly to Plaintiff’s counsel, 13 Teal Parham. If there is an offset, any remainder shall be made payable to Plaintiff, based on the 14 Department of the Treasury’s Offset Program and standard practices, and the check shall be 15 mailed to Plaintiff’s counsel at 910 12th Avenue, PO Box 757, Longview, Washington 98632. 16 Dated this 8th day of January, 2018. A 17 18 David W. Christel United States Magistrate Judge 19 20 21 22 23 24 ORDER GRANTING MOTION FOR EAJA FEES AND COSTS - 2

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