Nelson v. Berryhill

Filing 16

ORDER granting 15 Stipulated Motion for EAJA Fees and for Costs 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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JEFFREY NELSON,
Plaintiff,

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v.
NANCY A. BERRYHILL, Deputy
Commissioner of Social Security for
Operations,

CASE NO. 3:17-cv-05386-JRC
ORDER ON STIPULATED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES AND FOR
COSTS

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

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Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge

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and Consent Form, Dkt. 3; Consent to Proceed Before a United States Magistrate Judge, Dkt. 5).

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This matter is before the Court on plaintiff’s Stipulated Motion for Equal Access to Justice Act

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Fees and Costs (see Dkt. 15).

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Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the stipulation of
the parties (see Dkt. 15), and the relevant record, it is hereby ORDERED that EAJA attorney’s

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ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES AND FOR COSTS 1

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fees of $3,935.80 shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue

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v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).

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It is further ORDERED that costs in the amount of $400.00 shall be awarded to plaintiff
pursuant to 31 U.S.C. § 1304 and 28 U.S.C. § 1920.
The Acting Commissioner shall contact the Department of Treasury after the Order for

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EAJA fees and costs is entered to determine if the EAJA fees and costs are subject to any offset.

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If it is determined that plaintiff’s EAJA fees and costs are not subject to any offset allowed

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pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees (and

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the check for costs) shall be made payable to Dellert Baird Law Offices, PLLC, based on

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plaintiff’s assignment of these amounts to plaintiff’s attorney (see Dkt. 15). If there is an offset,

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the 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 (and any

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check for costs) shall be mailed to plaintiff’s counsel, Christopher H. Dellert, Esq., at Dellert

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Baird Law Offices, PLLC, P.O. Box 97301, Lakewood, WA 98497.

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Dated this 16th day of April, 2018.

A

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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 AND FOR COSTS 2