Avila v. Commissioner of Social Security

W.D. Washington

Avila v. Commissioner of Social Security

District Court, W.D. Washington·Decided September 9, 2020·No. 2:20-cv-00167·Unknown

Opinion

1 D. JAMES TREE THE HONORABLE DAVID W. CHRISTEL Attorney At Law 2 Tree Law Offices 3711 Englewood Avenue 3 Yakima, WA 98902 Telephone: (509) 452-1700 4 Fax: (509) 577-9109

5 Attorney for Plaintiff

6 UNITED STATES DISTRICT COURT

) CIVIL NO: 2:20-00167-DWC 10 Plaintiff, ) ) 11 vs. ) ORDER FOR ATTORNEY FEES ) SECURITY ) 13 ) ) 14 Defendant 15 16 It is hereby ORDERED that Plaintiff is awarded attorney fees in the amount 17 $ 4,218.11 pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. However, 18 Plaintiff’s EAJA fees are subject to a United States Department of Treasury offset 19 as described in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). The Commissioner is 20 21 directed to contact the U.S. Department of Treasury after this Order is entered to 22 determine if the EAJA Award is subject to any offset. If the U.S. Department of 23 the Treasury verifies to the Office of General Counsel that Plaintiff does not owe a 24 25 ORDER FOR ATTORNEY FEES [2:20-00167-DWC] - 1 Tree Law Office

3711 Englewood Ave. 1 debt and is not subject to any offset, the government shall pay the EAJA Award 2 directly to D. James Tree, Plaintiff’s counsel. If there is an offset, any remainder 3 shall be made payable to Plaintiff, based on the Department of the Treasury’s 4 Offset Program and standard practices, and the check shall be mailed to Plaintiff’s 5 6 counsel at 3711 Englewood Avenue, Yakima, Washington 98902. 7 DATED this 9th day of September, 2020. 8 9 A 10 David W. Christel United States Magistrate Judge 11 12 13 Presented by: 14 15 S/ D. JAMES TREE, WSBA#1697 16 Attorney for Plaintiff 17

25 ORDER FOR ATTORNEY FEES [2:20-00167-DWC] - 2 Tree Law Office

3711 Englewood Ave. 1 2 3

5 6 I hereby certify that the foregoing Proposed Order for Attorney Fees was 7 filed with the Clerk of the Court on August 25, 2020, using the CM/ECF system 8 which will send notification of such filing to the following: Kerry Jane Keefe, 9 10 Assistant U.S. Attorney and Shata Stucky, Office of the General Counsel. 11

13 s/ D. JAMES TREE 14 Attorney for Plaintiff 15 Yakima, Washington 98902 3711 Englewood Ave. 16 Telephone: (509) 452-1700 17 Fax: (509) 577-9109 18 19 20 21 22 23 24 25 ORDER FOR ATTORNEY FEES [2:20-00167-DWC] - 3 Tree Law Office

3711 Englewood Ave.

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1 D. JAMES TREE THE HONORABLE DAVID W. CHRISTEL Attorney At Law 2 Tree Law Offices 3711 Englewood Avenue 3 Yakima, WA 98902 Telephone: (509) 452-1700 4 Fax: (509) 577-9109

5 Attorney for Plaintiff

6 UNITED STATES DISTRICT COURT

) CIVIL NO: 2:20-00167-DWC 10 Plaintiff, ) ) 11 vs. ) ORDER FOR ATTORNEY FEES ) SECURITY ) 13 ) ) 14 Defendant 15 16 It is hereby ORDERED that Plaintiff is awarded attorney fees in the amount 17 $ 4,218.11 pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. However, 18 Plaintiff’s EAJA fees are subject to a United States Department of Treasury offset 19 as described in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). The Commissioner is 20 21 directed to contact the U.S. Department of Treasury after this Order is entered to 22 determine if the EAJA Award is subject to any offset. If the U.S. Department of 23 the Treasury verifies to the Office of General Counsel that Plaintiff does not owe a 24 25 ORDER FOR ATTORNEY FEES [2:20-00167-DWC] - 1 Tree Law Office

3711 Englewood Ave. 1 debt and is not subject to any offset, the government shall pay the EAJA Award 2 directly to D. James Tree, Plaintiff’s counsel. If there is an offset, any remainder 3 shall be made payable to Plaintiff, based on the Department of the Treasury’s 4 Offset Program and standard practices, and the check shall be mailed to Plaintiff’s 5 6 counsel at 3711 Englewood Avenue, Yakima, Washington 98902. 7 DATED this 9th day of September, 2020. 8 9 A 10 David W. Christel United States Magistrate Judge 11 12 13 Presented by: 14 15 S/ D. JAMES TREE, WSBA#1697 16 Attorney for Plaintiff 17

25 ORDER FOR ATTORNEY FEES [2:20-00167-DWC] - 2 Tree Law Office

3711 Englewood Ave. 1 2 3

5 6 I hereby certify that the foregoing Proposed Order for Attorney Fees was 7 filed with the Clerk of the Court on August 25, 2020, using the CM/ECF system 8 which will send notification of such filing to the following: Kerry Jane Keefe, 9 10 Assistant U.S. Attorney and Shata Stucky, Office of the General Counsel. 11

13 s/ D. JAMES TREE 14 Attorney for Plaintiff 15 Yakima, Washington 98902 3711 Englewood Ave. 16 Telephone: (509) 452-1700 17 Fax: (509) 577-9109 18 19 20 21 22 23 24 25 ORDER FOR ATTORNEY FEES [2:20-00167-DWC] - 3 Tree Law Office

3711 Englewood Ave.

Avila v. Commissioner of Social Security, (W.D. Wash. 2020).

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