Oyler v Berryhill

Filing 16

ORDER GRANTING 15 UNOPPOSED MOTION FOR ATTORNEY FEES AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. §§ 2412 (d), 1920 signed by Judge David W. Christel.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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TRACY EDWIN OYLER,

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

CASE NO. 3:17-CV-05784-DWC
ORDER ON MOTION FOR
ATTORNEY FEES AND COSTS
PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28
U.S.C. §§ 2412 (d), 1920

Defendant.
This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local
Magistrate Judge Rule MJR 13. See also Consent to Proceed before a United States Magistrate
Judge, Dkt. 5. This matter is before the Court on “Plaintiff’s Unopposed Motion for Attorney
Fees under the Equal Access to Justice Act.” Dkt. 15.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”), Plaintiff’s
motion (Dkt. 15), and the relevant record, the Court orders EAJA attorney’s fees of $7,537.05
and costs, pursuant to 28 U.S.C. § 1920, in the amount of $400.00 (“EAJA Award”) be awarded
to Plaintiff. Astrue v. Ratliff, 560 U.S. 586, 591–97 (2010).
ORDER ON MOTION FOR ATTORNEY FEES
AND COSTS PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. §§ 2412 (D),
1920 - 1

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The Acting Commissioner shall contact the Department of Treasury after this Order is

2 entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the
3 Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the
4 government will honor Plaintiff’s assignment of EAJA Award and pay the EAJA Award directly
5 to Karl E. Osterhout, Plaintiff’s counsel. If there is an offset, any remainder shall be made
6 payable to Plaintiff, based on the Department of the Treasury’s Offset Program and standard
7 practices, and the check shall be mailed to Plaintiff’s counsel, Karl E. Osterhout, Osterhout
8 Disability Law, LLC, 521 Cedar Way, Suite 200, Oakmont, PA 15139.
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Dated this 11th day of July, 2018.

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David W. Christel
United States Magistrate Judge

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ORDER ON MOTION FOR ATTORNEY FEES
AND COSTS PURSUANT TO THE EQUAL
ACCESS TO JUSTICE ACT, 28 U.S.C. §§ 2412 (D),
1920 - 2