Pottinger v. Commissioner of Social Security

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 LINDSEY POTTINGER, CASE NO. 3:21-cv-05168-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 matter is before the Court on the parties’ consent (Dkt. 5) and on plaintiff’s unopposed motion for attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. See Dkt. 25.

19 Based on the EAJA, that defendant has no opposition, the attorney declaration and time and expense itemizations (Dkt. 25-2), and the relevant record, it is hereby ORDERED that EAJA attorney’s fees of $7,520.31 and expenses in the amount of $10.30, shall be awarded to plaintiff pursuant to the EAJA and consistent with Astrue v. Ratliff, 560 U.S. 586, 588–89 (2010).

1 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 Eitan Kassel Yanich, based on plaintiff’s assignment of these amounts to plaintiff’s attorney. See Dkt. 27. 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, Eitan Kassel Yanich, at Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA. 98501 10 Dated this 13th day of May, 2022.

A J. Richard Creatura Chief United States Magistrate Judge