Alden v. Commissioner of Social Security

Opinion

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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 TODD A. ALDEN, CASE NO. 2:21-cv-00356-JRC 11 Plaintiff, ORDER ON UNOPPOSED 12 v. MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND 13 COMMISSIONER OF SOCIAL EXPENSES SECURITY, 14 Defendant. 15

16 This matter is before the Court on the parties’ consent (Dkt. 3) and on plaintiff’s 17 unopposed motion for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 18 (“EAJA”). See Dkts. 20, 22. 19 Based on the EAJA, that defendant has no opposition, the attorney declaration and time 20 and expense itemizations (Dkt. 20-2), and the relevant record, it is hereby ordered that EAJA 21 attorney’s fees of $7,779.39 and expenses in the amount of $6.50, shall be awarded to plaintiff 22 pursuant to the EAJA and consistent with Astrue v. Ratliff, 560 U.S. 586, 588–89 (2010). It is 23 24 1 further ordered that costs in the amount of $402.00 shall be awarded to plaintiff pursuant to 28 2 U.S.C. § 1920. 3 The Commissioner shall contact the Department of Treasury after the Order for EAJA 4 fees is entered to determine if the EAJA fees are subject to any offset. If it is determined that 5 plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the

6 Treasury’s Offset Program, then the check for EAJA fees shall be made payable to Eitan Kassel 7 Yanich, based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See Dkt. 19. If 8 there is an offset, the remainder shall be made payable to plaintiff, based on the practice of the 9 Department of the Treasury. See, e.g., Case No. 2:15-cv-122, Dkt. 22, at 4. Any check for EAJA 10 fees shall be mailed to plaintiff’s counsel, Eitan Kassel Yanich, at Eitan Kassel Yanich, PLLC, 11 203 Fourth Avenue E., Suite 321, Olympia, WA 98501. 12 Dated this 18th day of March, 2022. 13

14 A 15 J. Richard Creatura Chief United States Magistrate Judge 16

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