Barrio v. Commissioner of Social Security

Opinion

1 U.S. DISTRICT JUDGE RICHARD A. JONES

WESTERN DISTRICT OF WASHINGTON

9 EDWARD V. BARRIO, JR., ) 10 ) CASE NO. 3:20-cv-05848-RAJ Plaintiff, ) 11 ) PROPOSED ORDER 12 vs. ) ) ) 14 Defendant ) 15 )

16 This matter comes before the Court on the parties’ stipulated motion for attorney’s 17 fees 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 19 period in §2412(d)(1)(B), from the entry of final judgment on May 19, 2021 to file a 20 21 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 22 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 23 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 24 party, the government’s position was not substantially justified, and that the itemization 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 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 4 Court hereby GRANTS the motion and awards Plaintiff $5,927.04 in attorney’s fees, 5 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 6 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be made payable to and sent to 7 Plaintiff’s attorney: David Oliver at David Oliver & Associates, 2608 South 47th Street, 8 Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff 9 attorney, David Oliver at David Oliver & Associates, if and to the extent that the 10 Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 11 12 Treasury Offset program. 13 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 14 GRANTED; 15 DATED this the 21st day of September, 2021. 16 17 A

18 19 The Honorable Richard A. Jones United States District Judge 20

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