Lee v. Berryhill

Filing 19

ORDER granting 18 Unopposed Motion for 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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RANDAL HOWARD LEE,

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

CASE NO. 3:17-CV-05337-DWC
ORDER ON UNOPPOSED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES

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Defendant.
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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

17 Magistrate Judge Rule MJR 13. See also Consent to Proceed before a United States Magistrate
18 Judge, Dkt. 6. This matter is before the Court on Plaintiff’s “Motion for EAJA Fees – 28 U.S.C.
19 § 2412.” Dkt. 18.
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s

21 motion (Dkt. 16), and the relevant record, the Court orders EAJA attorney’s fees of $6,643.73
22 and expenses in the amount of $13.60 (“EAJA Award”) be awarded to Plaintiff. Astrue v. Ratliff,
23 560 U.S. 586, 591–97 (2010).
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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 1

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The Acting Commissioner shall contact the Department of Treasury after this Order is

2 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the
3 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the
4 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly
5 to Charles W. Talbot, Esq., Plaintiff’s counsel. If there is an offset, any remainder shall be made
6 payable to Plaintiff, based on the Department of the Treasury’s Offset Program and standard
7 practices, and the check shall be mailed to Plaintiff’s counsel, Charles W. Talbot, Esq., at Talbot
8 and Associates, P.S., 5005 Center Street, Suite E, Tacoma, Washington 98409.
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Dated this 14th day of February, 2018.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON UNOPPOSED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES - 2