Kitchell v. Commissioner of Social Security

Opinion

WESTERN DISTRICT OF WASHINGTON AT SEATTLE

BAILLIE KITCHELL, Case No. C22-1581-RSM

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

DATED this 31st day of May, 2023.

A RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE