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Schwitzke v. Berryhill, 3:16-CV-06019-DWC. (2018)

Court: District Court, D. Washington Number: infdco20180109d60 Visitors: 3
Filed: Jan. 08, 2018
Latest Update: Jan. 08, 2018
Summary: ORDER GRANTING MOTION FOR EAJA FEES AND COSTS DAVID W. CHRISTEL , Magistrate Judge . Plaintiff Michael Lee Schwitzke, Jr. filed a Motion for EAJA Fees and Costs, seeking attorney's fees under the Equal Access to Justice Act ("EAJA"). Dkt. 23. Pursuant to 28 U.S.C. 636(c), Federal Rule of Civil Procedure 73 and Local Rule MJR 13, the parties have consented to have this matter heard by the undersigned Magistrate Judge. See Dkt. 5. Defendant asserted her position in this matter was substa
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ORDER GRANTING MOTION FOR EAJA FEES AND COSTS

Plaintiff Michael Lee Schwitzke, Jr. filed a Motion for EAJA Fees and Costs, seeking attorney's fees under the Equal Access to Justice Act ("EAJA"). Dkt. 23. Pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73 and Local Rule MJR 13, the parties have consented to have this matter heard by the undersigned Magistrate Judge. See Dkt. 5.

Defendant asserted her position in this matter was substantially justified and requested no fee be awarded. Dkt. 25. The Court found Defendant's position was not substantially justified and found Plaintiff's fee request was reasonable. See Dkt. 27. The Court allowed Plaintiff to file an amended fee request before entering an order granting Plaintiff's Motion. Id.

On January 8, 2018, Plaintiff filed the Amended Motion for EAJA Fees and Costs. Dkt. 28. In light of the Court's previous Order and Plaintiff's amended fee petition, the Court hereby grants Plaintiff's Motion as follows:

Plaintiff is awarded costs in the amount of $419.00.

Plaintiff is awarded expenses in the amount of $6.61.

Plaintiff is awarded attorney's fees in the amount of $7,493.77, representing 38.30 hours of work, for a total award of $7,918.38 ("EAJA Award"), pursuant to the EAJA and consistent with Astrue v. Ratliff, 560 U.S. 586 (2010).

The Acting Commissioner shall contact the Department of Treasury to determine if the EAJA Award is subject to any offset. If the U.S. Department of the Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the government shall honor Plaintiff's assignment of EAJA Award and pay the EAJA Award directly to Plaintiff's counsel, Teal Parham. If there is an offset, any remainder shall be made payable to Plaintiff, based on the Department of the Treasury's Offset Program and standard practices, and the check shall be mailed to Plaintiff's counsel at 910 12th Avenue, PO Box 757, Longview, Washington 98632.

Source:  Leagle

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