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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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RICHARD ARTHUR CALDWELL,
Plaintiff,

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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.

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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; 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

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to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763

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at ***6-***7 (2010).

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The Acting Commissioner agrees to contact the Department of Treasury after the Order

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

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

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Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made

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payable to Kevin Kerr, Esq., based on plaintiff’s assignment of these amounts to plaintiff’s

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attorney (see Social Security Fee Agreement, Dkt. 16, Attachment 1). If there is an offset, the

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remainder shall be made payable to plaintiff, based on the practice of the Department of the

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Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall be

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mailed to plaintiff’s counsel, Kevin Kerr, Esq., at Schneider, Kerr & Robichaux, P.O. Box

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14490, Portland, OR 97293.

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Dated this 5th day of September, 2017.

A

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J. Richard Creatura
United States Magistrate Judge

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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