Womack v. Berryhill

Filing 23

ORDER GRANTING 19 UNOPPOSED MOTION FOR EAJA FEES AND EXPENSES signed by Hon. James P. Donohue.(KMP)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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TAMRA J. WOMACK,
Plaintiff,

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

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Defendant.

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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

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under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Dkt. 19. The Commissioner

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“found no basis to object” to the requested attorney fees and expenses. Dkt. 21 at 1.

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Accordingly, the Court ORDERS that plaintiff’s unopposed motion, Dkt. 19, is GRANTED, and

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that EAJA fees in the amount of $8,271.27 and expenses in the amount of $5.81 are awarded to

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plaintiff.

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Subject to any offset allowed under the Treasury Offset Program, as discussed in Astrue

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v. Ratliff, 130 S. Ct. 2521, 560 U.S. __ (2010), payment of this award shall be sent to plaintiff’s

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attorney Eitan Kassel Yanich at his address: Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E.,

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Suite 321, Olympia, WA. 98501.

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ORDER
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After the Court issues the order for EAJA fees and expenses, the Commissioner will

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consider the matter of plaintiff’s assignment of EAJA fees and expenses to plaintiff's

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attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on

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whether the EAJA fees and expenses are subject to any offset allowed under the Treasury

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Offset Program. The Commissioner agrees to contact the Department of Treasury after the

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order for EAJA fees and expenses is entered to determine whether the EAJA fees and

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expenses are subject to any offset. If the EAJA fees and expenses are not subject to any

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offset, the EAJA attorney’s fees and expenses will be paid directly to plaintiff’s attorney

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Eitan Kassel Yanich, either by direct deposit or by check payable to him and mailed to his

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address.
DATED this 12th day of February, 2018.

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JAMES P. DONOHUE
Chief United States Magistrate Judge

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ORDER
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