York v. Commissioner of Social Security

Filing 21

ORDER granting 19 Motion for Attorney Fees signed by Judge David W. Christel. (GMR)

Case 3:21-cv-05568-DWC Document 21 Filed 05/06/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MARK ANTHONY YORK, III,
Plaintiff,

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COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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ORDER GRANTING MOTION FOR
ATTORNEY’S FEES

v.

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CASE NO. 3:21-CV-5568-DWC

Currently pending before the Court is Plaintiff’s Unopposed Motion for EAJA Fees. Dkt.

17 19. Plaintiff requests fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, (“EAJA”).
18 Based on the EAJA, attorney time itemization and the relevant record, the Motion (Dkt. 19) is
19 granted.
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The Court orders an EAJA Award in the amount of EAJA attorney’s fees of $ 7,156.02

21 be awarded to Plaintiff. Astrue v. Ratliff, 560 U.S. 586, 591–97 (2010); see also 28 U.S.C. §
22 1920; 31 U.S.C. § 1304(a). Under Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees
23 awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset
24 Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Any EAJA fees should therefore be awarded to
ORDER GRANTING MOTION FOR
ATTORNEY’S FEES - 1

Case 3:21-cv-05568-DWC Document 21 Filed 05/06/22 Page 2 of 2

1 Plaintiff and not to Plaintiff’s attorney. If, after receiving this Order, the Commissioner (1)
2 determines that Plaintiff has assigned his right to EAJA fees to his attorney; (2) determines that
3 Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, and (3)
4 agrees to waive the requirements of the Anti-Assignment Act, then the EAJA fees will be made
5 payable to Plaintiff’s attorney. However, if there is a debt owed under the Treasury Offset
6 Program, the remaining EAJA fees after offset will be paid by a check made out to Plaintiff but
7 delivered to Lisa Rene Lang, Plaintiff’s attorney.
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Dated this 6th day of May, 2022.

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A

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David W. Christel
United States Magistrate Judge

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ORDER GRANTING MOTION FOR
ATTORNEY’S FEES - 2