Murray v. Commissioner of Social Security

W.D. Washington

Murray v. Commissioner of Social Security

District Court, W.D. Washington·Decided November 2, 2021·No. 3:19-cv-05499·Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 MICHELLE L MURRAY, Case No. C19-5499 TLF 7 Plaintiff, v. ORDER GRANTING AWARD OF 8 ATTORNEY’S FEES COMMISSIONER OF SOCIAL SECURITY, 9 Defendants. 10

11 Plaintiff has filed a motion for attorney’s fees pursuant to 42 U.S.C. § 406(b). Dkt. 12 23. Plaintiff seeks a total award of $21,169.50 less the amount that was awarded in the 13 EAJA award in the sum of $7,696.43, resulting in a net award of $13,473.07. Id. 14 Defendant does not object to Plaintiff’s request, but brings a minor calculation error to 15 the Court’s attention-the actual amount withheld was $21,144.00; thus, the net fee 16 should be $13,447.57. Dkt. 25. The Court finds plaintiff’s counsel is entitled to fees 17 under Section 406(b) and accordingly GRANTS plaintiff’s motion and ORDERS as 18 follows: 19 (1) Plaintiff is granted attorney fees in the amount of $13,447.57. 20 (2) Subject to any offset allowed under the Treasury Offset Program, as 21 22 23 24 1 discussed in Astrue v. Ratliff, 560 U.S. 586 (2010), payment of this award 2 shall be sent to plaintiff’s attorney Eitan Kassel Yanich at his address: 203 3 Fourth Avenue E., Suite 321, Olympia, WA 98501. 4

5 Dated this 2nd day of November, 2021. 6 7 A 8 Theresa L. Fricke 9 United States Magistrate Judge

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 MICHELLE L MURRAY, Case No. C19-5499 TLF 7 Plaintiff, v. ORDER GRANTING AWARD OF 8 ATTORNEY’S FEES COMMISSIONER OF SOCIAL SECURITY, 9 Defendants. 10

11 Plaintiff has filed a motion for attorney’s fees pursuant to 42 U.S.C. § 406(b). Dkt. 12 23. Plaintiff seeks a total award of $21,169.50 less the amount that was awarded in the 13 EAJA award in the sum of $7,696.43, resulting in a net award of $13,473.07. Id. 14 Defendant does not object to Plaintiff’s request, but brings a minor calculation error to 15 the Court’s attention-the actual amount withheld was $21,144.00; thus, the net fee 16 should be $13,447.57. Dkt. 25. The Court finds plaintiff’s counsel is entitled to fees 17 under Section 406(b) and accordingly GRANTS plaintiff’s motion and ORDERS as 18 follows: 19 (1) Plaintiff is granted attorney fees in the amount of $13,447.57. 20 (2) Subject to any offset allowed under the Treasury Offset Program, as 21 22 23 24 1 discussed in Astrue v. Ratliff, 560 U.S. 586 (2010), payment of this award 2 shall be sent to plaintiff’s attorney Eitan Kassel Yanich at his address: 203 3 Fourth Avenue E., Suite 321, Olympia, WA 98501. 4

5 Dated this 2nd day of November, 2021. 6 7 A 8 Theresa L. Fricke 9 United States Magistrate Judge

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Murray v. Commissioner of Social Security, (W.D. Wash. 2021).

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