Kitchell v. Commissioner of Social Security

CourtDistrict Court, W.D. Washington
DecidedMay 31, 2023
Docket2:22-cv-01581
StatusUnknown

This text of Kitchell v. Commissioner of Social Security (Kitchell 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.

Bluebook
Kitchell v. Commissioner of Social Security, (W.D. Wash. 2023).

Opinion

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8

9 BAILLIE KITCHELL, Case No. C22-1581-RSM

10 Plaintiff(s), ORDER RE MOTION FOR EAJA FEES 11 v. 12 13 COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, 14 Defendant. 15 16 Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, Plaintiff’s EAJA 17 petition and adjusted invoice and the assignment of EAJA fees to Plaintiff's attorney by Plaintiff, 18 19 it is hereby ORDERED that: EAJA attorney’s fees in the adjusted amount of $2,500.00 shall: 20 1) Be awarded to Plaintiff pursuant to Astrue v. Ratliff, 560 U.S. 586, 130 S.Ct. 2521, 21 2531-2, 177 L.Ed.2d 91 (2010) and delivered to Plaintiff's counsel; however, 22 2) The Acting Commissioner shall contact the Department of Treasury after this 23 Order is entered to determine if the EAJA Award is subject to any offset. If the U.S. Department 24 25 of the Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the 26 government will honor Plaintiff's assignment of EAJA Award and pay the EAJA Award directly 27 to George Andre Fields, Esq, Plaintiff’s counsel. If there is an offset, any remainder shall be 28 made payable to Plaintiff, based on the Department of the Treasury’s Offset Program and 1 2 standard practices, and the check shall be electronically deposited to Plaintiff's counsel, George 3 Andre Fields, Esq. at P.O. Box 231024, Sacramento, CA 95823. 4

5 DATED this 31st day of May, 2023. 6

7 8 A 9 RICARDO S. MARTINEZ 10 UNITED STATES DISTRICT JUDGE

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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Related

Astrue v. Ratliff
560 U.S. 586 (Supreme Court, 2010)

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Kitchell v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kitchell-v-commissioner-of-social-security-wawd-2023.