Saunders v. Berryhill

Filing 28

ORDER granting Plaintiff's 25 Motion for Attorney Fees For EAJA Fees and Expenses. Plaintiff is here by awarded $6,526.28 in fees and $104.35 in expenses under the EAJA. Signed by Judge Robert S. Lasnik. (LH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RACHEL B. SAUNDERS,
Plaintiff,

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v.
COMMISSIONER OF SOCIAL SECURITY,

Case No. C18-5377RSL
ORDER GRANTING
ATTORNEY’S FEES AND
EXPENSES

Defendant.

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For the reasons set forth in the parties’ “Stipulated Response to Fees” (Dkt. # 27) under

16 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, et seq., and good cause shown, IT IS
17 HEREBY ORDERED AS FOLLOWS:
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Plaintiff is here by awarded $6,526.28 in fees and $104.35 in expenses under the EAJA.

19 Under Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010), EAJA fees awarded by this Court belong
20 to the plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)
21 (2014)). Any EAJA fees should therefore be awarded to plaintiff and not to plaintiff’s attorney.
22 If, after receiving the Court’s EAJA fee order, the Commissioner of Social Security
23 (1) determines that plaintiff has assigned her right to EAJA fees to her attorney; (2) determines
24 that plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program; and
25 (3) agrees to waive the requirements of the Anti-Assignment Act (31 U.S.C. § 3727 (1982)),
26 then the EAJA fees will be made payable to plaintiff’s attorney. However, if there is a debt
27 owed under the Treasury Offset Program, the Commissioner cannot agree to waive the
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ORDER GRANTING ATTORNEY’S FEES
AND EXPENSES - 1

1 requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid
2 by a check made out to plaintiff but delivered to plaintiff’s attorney.
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DATED this 3rd day of December, 2021.

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A
Robert S. Lasnik

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United States District Judge

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ORDER GRANTING ATTORNEY’S FEES
AND EXPENSES - 2