Fisher v. Commissioner of Social Security

Opinion

1 U.S. DISTRICT JUDGE RICARDO S. MARTINEZ

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON

8 CHAREL L. FISHER, ) ) CIVIL NO. 3:18-cv-5871-RSM 9 Plaintiff, ) 10 ) ORDER FOR EAJA FEES, COSTS, AND vs. ) EXPENSES 11 ) COMMISSIONER OF SOCIAL SECURITY, ) 12 ) Defendant. ) 13 )

14 THIS MATTER having come on regularly before the undersigned upon Plaintiff’s 15 Motion to Award EAJA Fees, Costs, and Expenses, and the Court agreeing that EAJA fees, 16 costs, and expenses should be awarded, good cause having been shown, now, therefore, it 17 is hereby 18 ORDERED that Plaintiff is hereby awarded EAJA fees of $3,941.73, costs in the 19 sum of $400.00, and expenses in the sum of $5.43. Subject to any offset allowed under the 20 Treasury Offset Program, as discussed in Astrue v. Ratliff, 130 S. Ct. 2521, 560 U.S. __ 21 (2010), payment of this award shall be sent to Plaintiff’s attorney Eitan Kassel Yanich at 22 23

Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321 1 his address: Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA. 2 98501. 3 After the Court issues the order for EAJA fees and expenses, the Commissioner will

4 consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 5 attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on 6 whether the EAJA fees and expenses are subject to any offset allowed under the Treasury 7 Offset Program. The Commissioner agrees to contact the Department of Treasury after the 8 order for EAJA fees and expenses is entered to determine whether the EAJA fees and 9 expenses are subject to any offset. If the EAJA fees and expenses are not subject to any 10 offset, the EAJA attorney’s fees and expenses will be paid directly to plaintiff’s attorney 11 Eitan Kassel Yanich, either by direct deposit or by check payable to him and mailed to his 12 address. 13 DATED this 7 day of October 2019. 14 A 15 RICARDO S. MARTINEZ 16 CHIEF UNITED STATES DISTRICT JUDGE

18 Presented by:

S/EITAN KASSEL YANICH____________ 20 EITAN KASSEL YANICH, WSBA #13690 21 Attorney for Plaintiff

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Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321