Opinion
CASE NO. 2:17-CV-00395-DWC
01-18-2018
KAREN LYNNE BONIFAS, Plaintiff, v. NANCY A BERRYHILL, Acting Commissioner of Social Security, Defendant.
ORDER ON UNOPPOSED MOTION FOR EQUAL ACCESS TO JUSTICE ACT FEES
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 also Consent to Proceed before a United States Magistrate Judge, Dkt. 7. This matter is before the Court on "Plaintiff's Motion for Attorney Fees and Costs Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)." Dkt. 19. Defendant does not oppose Plaintiff's motion. Dkt. 21.
Based on the Equal Access to Justice Act, 28 U.S.C. § 2412, ("EAJA"), Plaintiff's motion (Dkt. 19), and the relevant record, the Court orders EAJA attorney's fees of $5,721.00 ("EAJA Award") be awarded to Plaintiff. Astrue v. Ratliff, 560 U.S. 586, 591-97 (2010).
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 Christopher Lyons, 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 mailed to Plaintiff's counsel, Christopher Lyons, Truitt & Lyons, P.O. Box 1645, Coupeville, WA 98239.
Dated this 18th day of January, 2018.
/s/_________
David W. Christel
United States Magistrate Judge