Anderson v. Commissioner of Social Security

W.D. Washington

Anderson v. Commissioner of Social Security

DecidedJanuary 10, 2022

Docket2:20-cv-01600

StatusUnknown

This text of Anderson v. Commissioner of Social Security (Anderson 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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Anderson v. Commissioner of Social Security, (W.D. Wash. 2022).

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Opinion

1 U.S. DISTRICT JUDGE RICHARD A. JONES

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8

9 KIERA LEE ANDERSON, ) 10 ) CIVIL NO. 2:20-cv-01600-RAJ Plaintiff, ) 11 ) ORDER vs. ) 12 ) COMMISSIONER OF SOCIAL SECURITY, ) 13 ) Defendant ) 14 ) 15 16 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 17 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 18 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in 19 §2412(d)(1)(B), from the entry of final judgement on August 5, 2021, of the parties’ stipulated 20 motion to reverse and remand, to file a timely EAJA application. Akopyan v. Barnhart, 296 F.3d 21 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). 22 Furthermore, upon review of the stipulation and the record, the Court determines that Plaintiff is 23 the prevailing party, the government’s position was not substantially justified, and that the 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 itemization of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 2 met. 3 Having thoroughly considered the parties’ briefing and the relevant record, the Court 4 hereby GRANTS the motion and awards Plaintiff $3,669.77 in attorney’s fees, subject to any offset 5 allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010). 6 Payment of EAJA fees shall be made payable to and shall be sent to Plaintiff’s attorney: David 7 Oliver at David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. 8 Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver at David Oliver & 9 Associates, if the Commissioner confirms that Plaintiff owes no debt to the Government through 10 the Federal Treasury Offset program. 11 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 12 13 DATED this 10th day of January, 2022. 14 15 A

16 17 The Honorable Richard A. Jones United States District Judge 18

20 21 22 23 24 25

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

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1 U.S. DISTRICT JUDGE RICHARD A. JONES

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8

9 KIERA LEE ANDERSON, ) 10 ) CIVIL NO. 2:20-cv-01600-RAJ Plaintiff, ) 11 ) ORDER vs. ) 12 ) COMMISSIONER OF SOCIAL SECURITY, ) 13 ) Defendant ) 14 ) 15 16 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 17 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 18 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in 19 §2412(d)(1)(B), from the entry of final judgement on August 5, 2021, of the parties’ stipulated 20 motion to reverse and remand, to file a timely EAJA application. Akopyan v. Barnhart, 296 F.3d 21 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). 22 Furthermore, upon review of the stipulation and the record, the Court determines that Plaintiff is 23 the prevailing party, the government’s position was not substantially justified, and that the 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 itemization of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 2 met. 3 Having thoroughly considered the parties’ briefing and the relevant record, the Court 4 hereby GRANTS the motion and awards Plaintiff $3,669.77 in attorney’s fees, subject to any offset 5 allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010). 6 Payment of EAJA fees shall be made payable to and shall be sent to Plaintiff’s attorney: David 7 Oliver at David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. 8 Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver at David Oliver & 9 Associates, if the Commissioner confirms that Plaintiff owes no debt to the Government through 10 the Federal Treasury Offset program. 11 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 12 13 DATED this 10th day of January, 2022. 14 15 A

16 17 The Honorable Richard A. Jones United States District Judge 18

20 21 22 23 24 25

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

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