Gatti v. Berryhill

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION; granting plaintiff's 14 Motion for Attorney Fees, signed by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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VICTORIA LOUISE GATTI,

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Plaintiff,

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CASE NO. 3:17-CV-05745-RSL
ORDER ADOPTING REPORT AND
RECOMMENDATION

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

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Defendant.

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The Court, having reviewed the Report and Recommendation of Judge David W.

15 Christel, United States Magistrate Judge, and the relevant record, does hereby find and ORDER:
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(1)

The Court adopts the Report and Recommendation.

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(2)

Plaintiff’s Motion for Attorney Fees is GRANTED in the amount of attorney’s

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fees of $ 3,528.14 and costs of $ 400.00, pursuant to EAJA and consistent with

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Astrue v. Ratliff, 560 U.S. 586, 591–97 (2010).

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(3)

Plaintiff’s award is subject to any offset allowed pursuant to the Department of

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Treasury’s Offset Program. See Ratliff, 560 U.S. at 595-98. If the U.S.

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Department of the Treasury verifies to the Office of General Counsel that Plaintiff

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does not owe a debt and is not subject to any offset, the government shall pay the

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EAJA Award directly to Kevin Kerr, Plaintiff’s counsel. If there is an offset, the
ORDER ADOPTING REPORT AND
RECOMMENDATION - 1

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any remainder shall be made payable to Plaintiff, based on the Department of the

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Treasury’s Offset Program and standard practices, and the check be mailed to

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Plaintiff’s counsel, Kevin Kerr, at P.O. Box 14490, Portland, OR 97293.

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(4)

The Clerk is directed to send copies of this Order to counsel of record.

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Dated this 21st day of August, 2018.

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A
Robert S. Lasnik

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United States District Judge

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ORDER ADOPTING REPORT AND
RECOMMENDATION - 2