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Bergamo v. Berryhill, 2:17-CV-01351-JRC. (2018)

Court: District Court, D. Washington Number: infdco20180801g22 Visitors: 6
Filed: Jul. 31, 2018
Latest Update: Jul. 31, 2018
Summary: ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES, EXPENSES AND COSTS J. RICHARD CREATURA , Magistrate Judge . 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, Docket entry dated 9/11/2017). This matter is before the Court on Plaintiff's Motion for Fees and Other Expenses ( see Dkt. 13). Based on the Equal Access to Justice Act, 28 U.S.
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ORDER ON STIPULATED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES, EXPENSES AND COSTS

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, Docket entry dated 9/11/2017). This matter is before the Court on Plaintiff's Motion for Fees and Other Expenses (see Dkt. 13).

Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, ("EAJA"), the Stipulation of the parties (see Dkt. 13, Attachment 4), the time and expense itemizations (Dkt. 13, Attachments 1, 2), and the relevant record, it is hereby ORDERED that EAJA attorney's fees of $6,582.63 and expenses in the amount of $15.99, shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 130 S.Ct. 2521, 2524, 2010 U.S. LEXIS 4763 at ***6-***7 (2010).

It is further ORDERED that costs in the amount of $5.00 shall be awarded to plaintiff pursuant to 28 U.S.C. § 1920.

The Acting Commissioner shall contact the Department of Treasury after the Order for EAJA fees and expenses is entered to determine if the EAJA fees and expenses are subject to any offset. If it is determined that plaintiff's EAJA fees are not subject to any offset allowed pursuant to the Department of the Treasury's Offset Program, then the check for EAJA fees shall be made payable to Jeffrey Schwab, based on plaintiff's assignment of these amounts to plaintiff's attorney (see Social Security Fee Agreement, Dkt. 13, Attachment 3). If there is an offset, the remainder shall be made payable to plaintiff, based on the practice of the Department of the Treasury (see, e.g., Case No. 2:15-cv-122, Dkt. 22, p. 4). Any check for EAJA fees shall be mailed to plaintiff's counsel, Jeffrey Schwab, at P.O. Drawer 1429, Moses Lake, WA 98837.

Source:  Leagle

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