Eitner v. Commissioner of Social Security ( 2021 )

1 U.S. DISTRICT JUDGE RICHARD A. JONES 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 GERALD G. EITNER, ) 11 ) CIVIL NO. 3:18-cv-05607-RAJ-BAT Plaintiff, ) 12 ) PROPOSED ORDER FOR EAJA FEES, vs. ) COSTS AND EXPENSES 13 ) COMMISSIONER OF SOCIAL SECURITY, ) 14 ) 15 Defendant. ) ) 16 17 THIS MATTER having come on regularly before the undersigned upon Plaintiff’s 18 Motion to Award EAJA Fees, Costs, and Expenses, and the Court agreeing that EAJA 19 fees, costs, and expenses should be awarded, good cause having been shown, now, 20 therefore, it is hereby 21 ORDERED that Plaintiff is hereby awarded EAJA fees of $17,180.11, costs in the 22 sum of $364.80, and expenses in the sum of $122.79. Subject to any offset allowed under 23 the Treasury Offset Program, as discussed in Astrue v. Ratliff, 130 S. Ct. 2521, 560 U.S. Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321 1 (2010), payment of this award shall be sent to Plaintiff’s attorney Eitan Kassel Yanich at 2 his address: Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, 3 WA. 98501. 4 After the Court issues the order for EAJA fees and expenses, the Commissioner 5 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 6 attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on 7 whether the EAJA fees and expenses are subject to any offset allowed under the Treasury 8 Offset Program. The Commissioner agrees to contact the Department of Treasury after 9 the order for EAJA fees and expenses is entered to determine whether the EAJA fees and 10 expenses are subject to any offset. If the EAJA fees and expenses are not subject to any 11 offset, the EAJA attorney’s fees and expenses will be paid directly to plaintiff’s attorney 12 Eitan Kassel Yanich, either by direct deposit or by check payable to him and mailed to 13 his address. 14 DATED this 7th day of July, 2021. 15 A 16 The Honorable Richard A. Jones 17 United States District Judge 18 19 20 21 22 23 Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321