Jaffey v. Commissioner of Social Security

4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA JULIE LYNN JAFFEY, Case No. C20-5627 TLF 7 Plaintiff, v. ORDER GRANTING PLAINTIFF’S 8 MOTION FOR ATTORNEY FEES COMMISSIONER OF SOCIAL SECURITY, 10 Defendant.

12 This matter comes before the Court on plaintiff’s unopposed motion for attorney fees pursuant to 28 U.S.C. § 2412, the Equal Access to Justice Act (EAJA). Dkt. 24.

14 Plaintiff requests an award of $3,325.40 in attorney’s fees and $400 in costs. Id. Based on the unopposed motion, the Court GRANTS the motion and ORDERS as follows: 16 (1) Plaintiff is granted $3,325.40 in attorney’s fees and $400.00 in costs.

17 (2) Subject to any offset allowed under the Treasury Offset Program, as 18 discussed in Astrue v. Ratliff, 560 U.S. 586 (2010), payment of this award 19 shall be sent to plaintiff’s attorney Kevin Kerr at the address: P.O. Box 20 14490, Portland, OR 97293.

21 (3) Costs under 28 U.S.C. § 1920 shall be payable to Kevin Kerr via 22 electronic fund transfer or check.

1 (4) After the Court issues this Order, defendant will consider the matter of 2 plaintiff’s assignment of EAJA fees and expenses to plaintiff’s attorney.

3 Pursuant to Astrue v. Ratliff, the ability to honor the assignment will 4 depend on whether the EAJA fees and expenses are subject to any offset 5 allowed under the Treasury Offset Program. Defendant is directed to 6 contact the Department of Treasury after this Order is entered to 7 determine whether the EAJA attorney fees and expenses are subject to 8 any offset. If the EAJA attorney fees and expenses are not subject to any 9 offset, those fees and expenses will be paid directly to plaintiff’s attorney, 10 either by direct deposit or by check payable to plaintiff’s attorney and 11 mailed to plaintiff’s attorney’s address.

13 Dated this 12th day of October, 2021.

A Theresa L. Fricke 17 United States Magistrate Judge