King v. Commissioner of Social Security

W.D. Washington

King v. Commissioner of Social Security

DecidedApril 4, 2022

Docket2:21-cv-00449

StatusUnknown

This text of King v. Commissioner of Social Security (King v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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King v. Commissioner of Social Security, (W.D. Wash. 2022).

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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 JEANNE M. KING, CASE NO. 2:21-cv-00449-JRC 11 Plaintiff, ORDER ON UNOPPOSED 12 v. MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES 13 COMMISSIONER OF SOCIAL SECURITY, 14 Defendant. 15

16 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and Local 17 Magistrate Judge Rule MJR 13. See Consent to Proceed Before a United States Magistrate Judge, 18 Dkt. 3. This matter is before the Court on plaintiff’s unopposed motion for attorney fees under 19 the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). See Dkts. 29, 32. 20 Based on the EAJA, that defendant has no opposition, the attorney declaration and time 21 and expense itemizations (Dkt. 29-1), and the relevant record, it is hereby ORDERED that EAJA 22 attorney’s fees of $5,569.02 shall be awarded to plaintiff pursuant to the EAJA and consistent 23 with Astrue v. Ratliff, 560 U.S. 586, 588–89 (2010). 24 1 The Commissioner shall contact the Department of Treasury after the Order for EAJA 2 fees is entered to determine if the EAJA fees are subject to any offset. If it is determined that 3 plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the 4 Treasury’s Offset Program, then the check for EAJA fees shall be made payable to D. James 5 Tree, based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See Dkt. 31. If

6 there is an offset, the remainder shall be made payable to plaintiff, based on the practice of the 7 Department of the Treasury. See, e.g., Case No. 2:15-cv-122, Dkt. 22, at 4. Any check for EAJA 8 fees shall be mailed to plaintiff’s counsel, D. James Tree, at 3711 Englewood Avenue, Yakima, 9 WA 98902. 10 Dated this 4th day of April, 2022. 11

12 A 13 J. Richard Creatura 14 Chief United States Magistrate Judge

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6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 JEANNE M. KING, CASE NO. 2:21-cv-00449-JRC 11 Plaintiff, ORDER ON UNOPPOSED 12 v. MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES 13 COMMISSIONER OF SOCIAL SECURITY, 14 Defendant. 15

16 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and Local 17 Magistrate Judge Rule MJR 13. See Consent to Proceed Before a United States Magistrate Judge, 18 Dkt. 3. This matter is before the Court on plaintiff’s unopposed motion for attorney fees under 19 the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). See Dkts. 29, 32. 20 Based on the EAJA, that defendant has no opposition, the attorney declaration and time 21 and expense itemizations (Dkt. 29-1), and the relevant record, it is hereby ORDERED that EAJA 22 attorney’s fees of $5,569.02 shall be awarded to plaintiff pursuant to the EAJA and consistent 23 with Astrue v. Ratliff, 560 U.S. 586, 588–89 (2010). 24 1 The Commissioner shall contact the Department of Treasury after the Order for EAJA 2 fees is entered to determine if the EAJA fees are subject to any offset. If it is determined that 3 plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the 4 Treasury’s Offset Program, then the check for EAJA fees shall be made payable to D. James 5 Tree, based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See Dkt. 31. If

6 there is an offset, the remainder shall be made payable to plaintiff, based on the practice of the 7 Department of the Treasury. See, e.g., Case No. 2:15-cv-122, Dkt. 22, at 4. Any check for EAJA 8 fees shall be mailed to plaintiff’s counsel, D. James Tree, at 3711 Englewood Avenue, Yakima, 9 WA 98902. 10 Dated this 4th day of April, 2022. 11

12 A 13 J. Richard Creatura 14 Chief United States Magistrate Judge

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