Howard v. Berryhill

Filing 25

ORDER ON 22 MOTION FOR ATTORNEY FEES UNDER THE EAJA, signed by Judge David W. Christel. (GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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LESLIE A. HOWARD,

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Plaintiff,

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vs.

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COMMISSIONER OF SOCIAL SECURITY,

Civil No. 3:18-CV-05161-DWC

ORDER ON MOTION FOR ATTORNEY
FEES UNDER THE EAJA

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Defendant.

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For the reasons set forth in the parties’ stipulated motion for attorney fees under the Equal

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Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS HEREBY

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ORDERED AS FOLLOWS:

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1. Plaintiff is hereby awarded $7,988.65 in fees and expenses under the EAJA. Under

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Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this Court

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belong to the Plaintiff and are subject to offset under the Treasury Offset Program

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(31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to

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Plaintiff and not to Plaintiff’ s attorney. If, after receiving the Court’ s EAJA fee order,

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the Commissioner (1) determines that Plaintiff has assigned her right to EAJA fees to

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her attorney; (2) determines that Plaintiff does not owe a debt that is subject to offset
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ORDER - [3:18-CV-05161-DWC]

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under the Treasury Offset Program, and (3) agrees to waive the requirements of the

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Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney.

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However, if there is a debt owed under the Treasury Offset Program, the Commissioner

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cannot agree to waive the requirements of the Anti-Assignment Act, and the remaining

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EAJA fees after offset will be paid by a check made out to Plaintiff but delivered to

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Plaintiff’ s attorney.

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2. Plaintiff is hereby awarded costs in the amount of $1,213.20. Cost may be paid via

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check or electronic funds transfer.

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DATED this 29th day of November, 2021.

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A

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David W. Christel
United States Magistrate Judge

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Presented by:
s/ David J. Burdett
DAVID J. BURDETT
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
701 Fifth Avenue, Suite 2900 M/S 221A
Seattle, WA 98104-7075
Telephone: [phone]
Fax: [phone]
[e-mail]

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ORDER - [3:18-CV-05161-DWC]