Schiaffino v. Berryhill

Filing 39

ORDER re Plaintiff's 36 Motion for EAJA Fees, Costs, and Expenses. Plaintiff is hereby awarded EAJA fees of $23,663.16, costs in the sum of $575.80, and expenses in the sum of $41.55. After the Court issues the order for EAJA fees and expenses, the Commissioner will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Signed by Judge Ricardo S. Martinez. (SB)

Case 3:17-cv-05541-RSM Document 39 Filed 06/01/22 Page 1 of 2

U.S. DISTRICT JUDGE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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)
) CIVIL NO. 3:17-cv-05541-RSM
)
Plaintiff,
) ORDER FOR EAJA FEES, COSTS, AND
) EXPENSES
vs.
)
COMMISSIONER OF SOCIAL SECURITY, )
)
Defendant.
)
)
MARTIN A. SCHIAFFINO,

THIS MATTER having come on regularly before the undersigned upon Plaintiff’s
Motion to Award EAJA Fees, Costs, and Expenses, and the Court agreeing that EAJA
fees, costs, and expenses should be awarded, good cause having been shown, now,
therefore, it is hereby
ORDERED that Plaintiff is hereby awarded EAJA fees of $23,663.16, costs in the
sum of $575.80, and expenses in the sum of $41.55. Subject to any offset allowed under
the Treasury Offset Program, as discussed in Astrue v. Ratliff, 130 S. Ct. 2521, 560 U.S.
__ (2010), payment of this award shall be sent to Plaintiff’s attorney Eitan Kassel Yanich
at his address: Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia,
WA. 98501.

ORDER FOR EAJA FEES, COSTS, AND
EXPENSES - [3:17-cv-05541-RSM] - 1

Law Office of Eitan Kassel Yanich, PLLC
203 Fourth Avenue E., Suite 321
Olympia, WA. 98501
[phone]

Case 3:17-cv-05541-RSM Document 39 Filed 06/01/22 Page 2 of 2

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After the Court issues the order for EAJA fees and expenses, the Commissioner

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will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's

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attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on

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whether the EAJA fees and expenses are subject to any offset allowed under the Treasury

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Offset Program. The Commissioner agrees to contact the Department of Treasury after

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the order for EAJA fees and expenses is entered to determine whether the EAJA fees and

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expenses are subject to any offset. If the EAJA fees and expenses are not subject to any

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offset, the EAJA attorney’s fees and expenses will be paid directly to plaintiff’s attorney

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Eitan Kassel Yanich, either by direct deposit or by check payable to him and mailed to

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his address.
DATED this 1st day of June, 2022.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:

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S/EITAN KASSEL YANICH____________
EITAN KASSEL YANICH, WSBA #13690
Attorney for Plaintiff

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ORDER FOR EAJA FEES, COSTS, AND
EXPENSES - [3:17-cv-05541-RSM] - 2

Law Office of Eitan Kassel Yanich, PLLC
203 Fourth Avenue E., Suite 321
Olympia, WA. 98501
[phone]