Donohue v. Berryhill

Filing 19

ORDER granting 18 Stipulated Motion for EAJA Attorney Fees, Expenses and Costs - signed by Judge David W. Christel. (SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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MICHELLE L. DONOHUE,

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

CASE NO. 3:17-CV-05376-DWC
ORDER ON STIPULATED MOTION
FOR EQUAL ACCESS TO JUSTICE
ACT FEES, EXPENSES AND COSTS

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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. 8. This matter is before the Court on “Plaintiff’s Stipulated Motion for EAJA Fees
19 and Costs.” Dkt. 18.
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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s

21 motion and declaration (Dkt. 18, 18-2), and the relevant record, the Court orders EAJA
22 attorney’s fees of $6,407.57, expenses in the amount of $4.12, and costs, pursuant to 28 U.S.C. §
23 1920, in the amount of $37.10 (“EAJA Award”) be awarded to Plaintiff. Astrue v. Ratliff, 560
24 U.S. 586, 591–97 (2010).
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES
AND COSTS - 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 Elie Halpern, Plaintiff’s counsel. If there is an offset, any remainder shall be made payable to
6 Plaintiff, based on the Department of the Treasury’s Offset Program and standard practices, and
7 the check shall be mailed to Plaintiff’s counsel, Elie Halpern, Halpern Olivares, PLLC, 1800
8 Cooper Pt. Road SW, Bldg. 19, Olympia, WA 98502.
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Dated this 12th day of January, 2018.

A

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David W. Christel
United States Magistrate Judge

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES
AND COSTS - 2