Mi Koga Winn v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 LYDIA C. MI KOGA WINN, ) ) CIVIL NO. 3:20-cv-5728-DWC 9 Plaintiff, ) 10 ) ORDER FOR EAJA FEES AND vs. ) EXPENSES 11 ) COMMISSIONER OF SOCIAL SECURITY, ) 12 ) Defendant. ) 13 ) 14 THIS MATTER having come on regularly before the undersigned upon Plaintiff’s 15 Motion to Award EAJA Fees and Expenses, and the Court agreeing that EAJA fees and 16 expenses should be awarded, good cause having been shown, now, therefore, it is hereby 17 ORDERED that Plaintiff is hereby awarded EAJA fees of $6,735.27 and expenses 18 in the sum of $8.43. Subject to any offset allowed under the Treasury Offset Program, as 19 discussed in Astrue v. Ratliff, 130 S. Ct. 2521, 560 U.S. __ (2010), payment of this award 20 shall be sent to Plaintiff’s attorney Eitan Kassel Yanich at his address: Eitan Kassel 21 Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA. 98501. 22 After the Court issues the order for EAJA fees and expenses, the Commissioner 23 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321 1 attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on 2 whether the EAJA fees and expenses are subject to any offset allowed under the Treasury 3 Offset Program. The Commissioner agrees to contact the Department of Treasury after 4 the order for EAJA fees and expenses is entered to determine whether the EAJA fees and 5 expenses are subject to any offset. If the EAJA fees and expenses are not subject to any 6 offset, the EAJA attorney’s fees and expenses will be paid directly to plaintiff’s attorney 7 Eitan Kassel Yanich, either by direct deposit or by check payable to him and mailed to 8 his address. 9 As this Order grants Plaintiff’s Stipulated Motion for Attorney Fees (Dkt. 25), 10 Plaintiff’s Motion for Attorney Fees (Dkt. 23) is denied as moot. 11 DATED this 1st day of December, 2021 12 A 13 David W. Christel 14 United States Magistrate Judge 15 ___________________________ Presented by: 16 17 S/EITAN KASSEL YANICH____________ 18 EITAN KASSEL YANICH, WSBA #13690 Attorney for Plaintiff 19 20 21 22 23 Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321