Lesoing v. Commissioner of Social Security ( 2022 )

1 U.S. MAGISTRATE JUDGE THERESA L. FRICKE 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 JOHN E. LESOING, ) ) CIVIL NO. 3:20-cv-5776-TLF 9 Plaintiff, ) 10 ) ORDER FOR EAJA FEES, COSTS, 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, Costs, and Expenses, and the Court agreeing that EAJA 16 fees, costs, and expenses should be awarded, good cause having been shown, now, 17 therefore, it is hereby 18 ORDERED that Plaintiff is hereby awarded EAJA fees of $5,397.98, costs in the 19 sum of $400.00, and expenses in the sum of $9.52. Subject to any offset allowed under 20 the Treasury Offset Program, as discussed in Astrue v. Ratliff, 130 S. Ct. 2521, 560 U.S. 21 __ (2010), payment of this award shall be sent to Plaintiff’s attorney Eitan Kassel Yanich 22 at his address: Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, 23 WA. 98501. Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321 1 After the Court issu es the order for EAJA fees and expenses, the Commissioner 2 will consider the matter of Plaintiff’s assignment of EAJA fees and expenses to Plaintiff's 3 attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on 4 whether the EAJA fees and expenses are subject to any offset allowed under the Treasury 5 Offset Program. The Commissioner agrees to contact the Department of Treasury after 6 the order for EAJA fees and expenses is entered to determine whether the EAJA fees and 7 expenses are subject to any offset. If the EAJA fees and expenses are not subject to any 8 offset, the EAJA attorney’s fees and expenses will be paid directly to plaintiff’s attorney 9 Eitan Kassel Yanich, either by direct deposit or by check payable to him and mailed to 10 his address. 11 DATED this 11th day of March, 2022. 12 ______A_____________________ THERESA L. FRICKE 13 United States Magistrate Judge Presented by: 14 15 S/EITAN KASSEL YANICH____________ 16 EITAN KASSEL YANICH, WSBA #13690 Attorney for Plaintiff 17 18 19 20 21 22 23 Law Office of Eitan Kassel Yanich, PLLC 203 Fourth Avenue E., Suite 321