Midlam v. Berryhill

Filing 17

ORDER granting parties' 16 Stipulated Motion for Attorney Fees and Costs signed by U.S. District Judge John C Coughenour. (TH)

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THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 MICHAEL JOHN MIDLAM, 10 Plaintiff, CASE NO. C17-5650-JCC ORDER 11 v. 12 13 NANCY BERRYHILL, Acting Commissioner of Social Security Operations, 14 15 Defendant. This matter comes before the Court on the parties’ stipulated motion for attorney fees 16 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (Dkt. No. 16). Plaintiff is the 17 prevailing party on an appeal of an agency action and is entitled to an award of attorney fees. 18 (See Dkt. Nos. 13–14.) The Court finds the requested award reasonable and just. Accordingly, 19 the Court GRANTS the parties’ motion. The Court AWARDS Plaintiff attorney fees and 20 expenses pursuant to 28 U.S.C. § 2412 in the amount of $5,291.01 and $5.76, respectively, and 21 costs pursuant to 28 U.S.C. § 1920 in the amount of $416.00, for a total award of $5,712.77. 22 If the Department of the Treasury determines that Plaintiff’s EAJA fees are not subject to 23 any offset allowed under the Department’s Offset Program, then the check for attorney fees shall 24 be made payable to Plaintiff’s attorney, Teal M. Parham, based upon Plaintiff’s assignment of 25 these amounts to counsel. The check shall be mailed to Plaintiff’s counsel at the following 26 address: Teal M. Parham, 910 – 12th Avenue, P.O. Box 757, Longview, WA 98632. ORDER C17-5650-JCC PAGE - 1 1 DATED this 31st day of August 2018. 2 A 3 4 5 John C. Coughenour UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER C17-5650-JCC PAGE - 2

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