Wynia v. Berryhill

Filing 23

ORDER granting 22 Unopposed Motion for EAJA Attorney Fees 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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MONICA WYNIA,
Plaintiff,

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

CASE NO. 3:17-CV-5783 JRC
ORDER ON STIPULATED
MOTION FOR EQUAL ACCESS
TO JUSTICE ACT FEES

Defendant.

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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 Consent to Proceed Before a United States Magistrate

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Judge, Dkt. 2.). This matter is before the Court on plaintiff’s Stipulated Motion for Equal Access

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to Justice Act Fees and Expenses (see Dkt. 22.).

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

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the parties (see Dkt. 22), the attorney declaration and time and expense itemizations (Dkt. 22-1,

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22-3), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $2,389.57

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

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shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct.

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

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The Acting Commissioner shall contact the Department of Treasury after the Order for

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EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any

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offset. If it is determined that plaintiff’s EAJA fees 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 shall

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be made payable to Victoria B. Chhagan, based on plaintiff’s assignment of these amounts to

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plaintiff’s attorney (see Plaintiff’s Declaration Regarding Net Worth and Payment of EAJA Fees,

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Dkt. 22-5). If there is an offset, the remainder shall be made payable to plaintiff, based on the

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practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any

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check for EAJA fees shall be mailed to plaintiff’s counsel, Victoria B. Chhagan, at Douglas

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Drachler McKee & Gilbrough, 1904 Third Avenue, Seattle WA 98101.

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Dated this 25th day of July, 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 - 2