Opinion
CIVIL NO. 10-5777RJB-KLS
08-25-2011
GEORGE T. AYERS III, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
EITAN KASSEL YANICH, WSBA #13690 Attorney for Plaintiff
United States District Judge
ORDER FOR EAJA FEES AND EXPENSES
THIS MATTER having come on regularly before the undersigned upon Plaintiff's Motion to Award EAJA Fees and Expenses, and the Court agreeing that EAJA fees and expenses should be awarded, good cause having been shown, now, therefore, it is hereby
ORDERED that Plaintiff is hereby awarded EAJA fees of $4831.83 and expenses in the amount of $22.39. Subject to any offset allowed under the Treasury Offset Program, as discussed in Astrue v. Ratliff, 130 S. Ct. 2521, 560 U.S. __________ (2010), payment of this award shall be made via check sent to Eitan Kassel Yanich's address: Eitan Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA. 98501.
After the Court issues the order for EAJA fees and expenses, the Commissioner will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, the ability to honor the assignment will depend on whether the EAJA fees and expenses are subject to any offset allowed under the Treasury Offset Program. The Commissioner agrees to contact the Department of Treasury after the order for EAJA fees and expenses is entered to determine whether the EAJA fees and expenses are subject to any offset. If the EAJA fees and expenses are not subject to any offset, the EAJA attorney's fees and expenses will be paid directly to the order of plaintiff's attorney Eitan Kassel Yanich.
ROBERT J. BRYAN
United States District Judge
Presented by:
EITAN KASSEL YANICH, WSBA #13690
Attorney for Plaintiff