Caldwell v. Berryhill

Filing 17

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

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 RICHARD ARTHUR CALDWELL, Plaintiff, 11 12 13 14 15 v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, CASE NO. 3:17-CV-05178-JRC ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES Defendant. 16 17 18 19 20 21 22 23 24 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; Order on Consent to Proceed Before a United States Magistrate Judge, Dkt. 13). This matter is before the Court on plaintiff’s Stipulated Motion for Attorney Fees Under 28 U.S.C. § 2412(d) (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), the time itemization (Dkt. 16, Attachment 2), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $548.66 shall be awarded to plaintiff pursuant ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 1 1 to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 2 at ***6-***7 (2010). 3 The Acting Commissioner agrees to contact the Department of Treasury after the Order 4 for EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is 5 determined that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the 6 Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made 7 payable to Kevin Kerr, Esq., based on plaintiff’s assignment of these amounts to plaintiff’s 8 attorney (see Social Security Fee Agreement, Dkt. 16, Attachment 1). If there is an offset, the 9 remainder shall be made payable to plaintiff, based on the practice of the Department of the 10 Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall be 11 mailed to plaintiff’s counsel, Kevin Kerr, Esq., at Schneider, Kerr & Robichaux, P.O. Box 12 14490, Portland, OR 97293. 13 Dated this 5th day of September, 2017. A 14 15 J. Richard Creatura United States Magistrate Judge 16 17 18 19 J. Richard Creatura United States Magistrate Judge 20 21 22 23 24 ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 2

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