L'italien v. Berryhill
Filing
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ORDER granting 21 Motion for EAJA Attorney Fees signed by Judge David W. Christel.(SH)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
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SARAH M. L'ITALIEN,
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Plaintiff,
v.
NANCY A BERRYHILL, Deputy
Commissioner of Social Security for
Operations,
ORDER ON MOTION FOR
ATTORNEY FEES AND
EXPENSES PURSUANT TO THE
EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. § 2412 (d)
Defendant.
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 Consent to Proceed before a United States Magistrate
Judge, Dkt. 6. This matter is before the Court on Plaintiff’s “Motion for Attorney’s Fees and
Expenses Pursuant to 28 U.S.C. § 2412.” Dkt. 21. Defendant did not file a response or any
objections to Plaintiff’s motion. See Dkt.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s
motion (Dkt. 21), and the relevant record, the Court orders EAJA attorney’s fees of $4,795.85
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CASE NO. 3:17-CV-05327-DWC
ORDER ON MOTION FOR ATTORNEY FEES
AND EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 (D) 1
1 and expenses in the amount of $6.30 (“EAJA Award”) be awarded to Plaintiff. Astrue v. Ratliff,
2 560 U.S. 586, 591–97 (2010).
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The Acting Commissioner shall contact the Department of Treasury after this Order is
4 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the
5 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the
6 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly
7 to Eitan Kassel Yanich, Plaintiff’s counsel. If there is an offset, any remainder shall be made
8 payable to Plaintiff, based on the Department of the Treasury’s Offset Program and standard
9 practices, and the check shall be mailed to Plaintiff’s counsel, Eitan Kassel Yanich, at Law
10 Office of Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA 98501
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Dated this 22nd day of May, 2018.
A
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David W. Christel
United States Magistrate Judge
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ORDER ON MOTION FOR ATTORNEY FEES
AND EXPENSES PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412 (D) 2
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