Womack v. Berryhill

Filing 23


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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 6 7 8 TAMRA J. WOMACK, Plaintiff, 9 10 11 v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, 12 Defendant. 13 14 ) ) ) ) ) ) ) ) ) ) ) Case No. C17-5111-JPD ORDER GRANTING UNOPPOSED MOTION FOR EAJA FEES AND EXPENSES This matter comes before the Court on the plaintiff’s unopposed motion for attorney fees 15 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Dkt. 19. The Commissioner 16 “found no basis to object” to the requested attorney fees and expenses. Dkt. 21 at 1. 17 Accordingly, the Court ORDERS that plaintiff’s unopposed motion, Dkt. 19, is GRANTED, and 18 that EAJA fees in the amount of $8,271.27 and expenses in the amount of $5.81 are awarded to 19 plaintiff. 20 Subject to any offset allowed under the Treasury Offset Program, as discussed in Astrue 21 v. Ratliff, 130 S. Ct. 2521, 560 U.S. __ (2010), payment of this award shall be sent to plaintiff’s 22 attorney Eitan Kassel Yanich at his address: Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., 23 Suite 321, Olympia, WA. 98501. 24 ORDER PAGE - 1 1 After the Court issues the order for EAJA fees and expenses, the Commissioner will 2 consider the matter of plaintiff’s assignment of EAJA fees and expenses to plaintiff's 3 attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on 4 whether the EAJA fees and expenses are subject to any offset allowed under the Treasury 5 Offset Program. The Commissioner agrees to contact the Department of Treasury after the 6 order for EAJA fees and expenses is entered to determine whether the EAJA fees and 7 expenses are subject to any offset. If the EAJA fees and expenses are not subject to any 8 offset, the EAJA attorney’s fees and expenses will be paid directly to plaintiff’s attorney 9 Eitan Kassel Yanich, either by direct deposit or by check payable to him and mailed to his 10 11 address. DATED this 12th day of February, 2018. A 12 JAMES P. DONOHUE Chief United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 ORDER PAGE - 2

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