Agustin v. Commissioner of Social Security

W.D. Washington

Agustin v. Commissioner of Social Security

DecidedJanuary 12, 2022

Docket3:20-cv-05893

StatusUnknown

This text of Agustin v. Commissioner of Social Security (Agustin v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Agustin v. Commissioner of Social Security, (W.D. Wash. 2022).

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Opinion

1 U.S. DISTRICT JUDGE RICHARD A. JONES

8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE

11 PAMI L. AGUSTIN, ) 12 ) CIVIL NO. 3:20-cv-05893-RAJ Plaintiff, ) 13 ) PROPOSED ORDER vs. ) 14 ) 15 COMMISSIONER OF SOCIAL SECURITY, ) ) 16 Defendant ) ) 17

18 This matter comes before the Court on the parties’ stipulated motion for attorney’s 19 fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 20 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day 21 period in §2412(d)(1)(B), from the entry of final judgement on June 23, 2021 to file a 22 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 23 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 2 party, the government’s position was not substantially justified, and that the itemization 3 of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 4 met. 5 Having thoroughly considered the parties’ briefing and the relevant record, the 6 Court hereby GRANTS the motion and awards Plaintiff $6,591.21 in attorney’s fees, 7 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 8 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be made payable to David Oliver 9 and sent to Plaintiff’s attorney: David Oliver at David Oliver & Associates, 2608 South 10 47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to 11 12 Plaintiff’s attorneys, David Oliver at David Oliver & Associates, if the Commissioner 13 confirms that Plaintiff owes no debt to the Government through the Federal Treasury Offset 14 program. 15 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 16 GRANTED; 17 DATED this the 12th day of January, 2022. 18 A 19 20 The Honorable Richard A. Jones 21 United States District Judge

23 24 25

David Oliver & Associates 2608 South 47th Street, Suite C

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1 U.S. DISTRICT JUDGE RICHARD A. JONES

8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE

11 PAMI L. AGUSTIN, ) 12 ) CIVIL NO. 3:20-cv-05893-RAJ Plaintiff, ) 13 ) PROPOSED ORDER vs. ) 14 ) 15 COMMISSIONER OF SOCIAL SECURITY, ) ) 16 Defendant ) ) 17

18 This matter comes before the Court on the parties’ stipulated motion for attorney’s 19 fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 20 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day 21 period in §2412(d)(1)(B), from the entry of final judgement on June 23, 2021 to file a 22 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 23 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 2 party, the government’s position was not substantially justified, and that the itemization 3 of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 4 met. 5 Having thoroughly considered the parties’ briefing and the relevant record, the 6 Court hereby GRANTS the motion and awards Plaintiff $6,591.21 in attorney’s fees, 7 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 8 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be made payable to David Oliver 9 and sent to Plaintiff’s attorney: David Oliver at David Oliver & Associates, 2608 South 10 47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to 11 12 Plaintiff’s attorneys, David Oliver at David Oliver & Associates, if the Commissioner 13 confirms that Plaintiff owes no debt to the Government through the Federal Treasury Offset 14 program. 15 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 16 GRANTED; 17 DATED this the 12th day of January, 2022. 18 A 19 20 The Honorable Richard A. Jones 21 United States District Judge

23 24 25

David Oliver & Associates 2608 South 47th Street, Suite C

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