Bennett v. Berryhill

Filing 27

ORDER GRANTING 26 STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES, EXPENSES AND COSTS signed by Judge J Richard Creatura.(SH)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

8
9
10

NICHOLE MARIE BENNETT,
Plaintiff,

11
12
13
14
15

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

CASE NO. 3:17-CV-05548-JRC
ORDER ON STIPULATED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES,
EXPENSES AND COSTS

Defendant.

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. 4). This matter is before the Court on plaintiff’s Stipulated Motion for Equal Access

19

to Justice Act Fees and Costs (see Dkt. 26).

20

Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), the Stipulation of

21

the parties (see Dkt. 26), and the relevant record, it is hereby ORDERED that EAJA attorney’s

22

fees of $7,497.70 and expenses in the amount of $5.69, shall be awarded to plaintiff pursuant to

23
24
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES AND
COSTS - 1

1

the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at

2

***6-***7 (2010).

3
4

It is further ORDERED that costs in the amount of $414.00 shall be awarded to plaintiff
pursuant to 28 U.S.C. § 1920.
The Acting Commissioner shall contact the Department of Treasury after the Order for

5
6

EAJA fees, expenses and costs is entered to determine if the EAJA fees, expenses and costs are

7

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

8

subject to any offset allowed pursuant to the Department of the Treasury’s Offset Program, then

9

the check for EAJA fees, expenses and costs shall be made payable to Teal M. Parham, based on

10

plaintiff’s assignment of these amounts to plaintiff’s attorney. If there is an offset, the remainder

11

shall be made payable to plaintiff, based on the practice of the Department of the Treasury (see,

12

e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees, expenses and costs shall be

13

mailed to plaintiff’s counsel, Teal M. Parham, at 910 12th Avenue – PO Box 757, Longview, WA

14

98632.

15

Dated this 28th day of June, 2018.

A

16
17

J. Richard Creatura
United States Magistrate Judge

18
19
20
21
22
23
24
ORDER ON STIPULATED MOTION FOR EQUAL
ACCESS TO JUSTICE ACT FEES, EXPENSES AND
COSTS - 2