Lee v. Berryhill

Filing 19

ORDER granting 18 Unopposed Motion for Attorney Fees signed by Judge David W. Christel.(SH)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 RANDAL HOWARD LEE, 11 12 13 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 14 Defendant. 15 16 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. 20 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). 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 1 1 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. 9 Dated this 14th day of February, 2018. A 10 11 David W. Christel United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES - 2

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