Donery v. Commissioner of Social Security

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 ROBERT P. DONERY, CASE NO. 3:21-cv-05144-JRC 11 Plaintiff, ORDER ON UNOPPOSED 12 v. MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES AND 13 COMMISSIONER OF SOCIAL EXPENSES SECURITY, Defendant.

16 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and Local Magistrate Judge Rule MJR 13. See Consent to Proceed Before a United States Magistrate Judge, Dkt. 2. This matter is before the Court on plaintiff’s unopposed motion for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). See Dkt. 31.

20 An application for attorney’s fees under EAJA must include a declaration that plaintiff’s “net worth did not exceed $2,000,000 at the time the action was filed.” 28 U.S.C. § 22 2412(d)(2)(B). Plaintiff does not appear to have filed such a declaration. However, this Court granted plaintiff’s application to proceed in forma pauperis. See Dkt. 4. Therefore, based on the EAJA, that defendant has no opposition, the attorney declaration and time and expense itemizations (Dkt. 31-2), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $6,298.12 and expenses in the amount of $15.50, shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 560 U.S. 586, 588–89 (2010).

5 The Commissioner shall contact the Department of Treasury after the Order for EAJA fees is entered to determine if the EAJA fees are subject to any offset. If it is determined that plaintiff’s EAJA fees are not subject to any offset allowed pursuant to the Department of the Treasury’s Offset Program, then the check for EAJA fees shall be made payable to Charles W.

9 Talbot, Esq., based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See Dkt.

10 31-2. If there is an offset, the remainder shall be made payable to plaintiff, based on the practice of the Department of the Treasury. See, e.g., Case No. 2:15-cv-122, Dkt. 22, at 4. Any check for EAJA fees shall be mailed to plaintiff’s counsel, Charles W. Talbot, Esq., at Talbot and Associates, P.S., 5005 Center Street, Suite E, Tacoma, Washington 98409.

14 Dated this 14th day of February, 2022.

A J. Richard Creatura Chief United States Magistrate Judge