Dunn v. Commissioner of Social Security

W.D. Washington

Dunn v. Commissioner of Social Security

District Court, W.D. Washington·Decided March 1, 2021·No. 3:20-cv-05236·Unknown

Opinion

1 CHIEF U.S. DISTRICT JUDGE RICARDO S. MARTINEZ

WESTERN DISTRICT OF WASHINGTON

) CIVIL NO. 3:20-cv-05236-RSM 9 Plaintiff, ) 10 ) ORDER vs. ) 11 ) COMMISSIONER OF SOCIAL SECURITY, ) 12 ) Defendant ) 13 )

14 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 15 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 16 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in 17 §2412(d)(1)(B), from the entry of final judgment on December 18, 2020 to file a timely EAJA 18 application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 19 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the 20 record, the Court determines that Plaintiff is the prevailing party, the government’s position was 21 not substantially justified, and that the itemization of attorney time spent is reasonable. In short, 22 the requirements of § 2412(d)(1)(B) are met. 23 24 25 David Oliver & Associates 2608 South 47th Street, Suite C 1 Having thoroughly considered the parties’ briefing and the relevant record, the Court 2 hereby GRANTS the motion and awards Plaintiff $7,237.44 in attorney’s fees, subject to any offset 3 allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010). 4 Payment of EAJA fees shall be sent to Plaintiff’s attorney: David Oliver & Associates, 2608 South 5 47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s 6 attorneys, David Oliver & Associates, if the Commissioner confirms that Plaintiff owes no debt to 7 the Government through the Federal Treasury Offset program. 8 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 9 DATED this 1st day of March, 2021. 10

11 A 12 RICARDO S. MARTINEZ 13 CHIEF UNITED STATES DISTRICT JUDGE 14

19 Presented by: 20

21 S/David P. OLIVER David P. Oliver, 22 Attorney for Plaintiff

24 25 David Oliver & Associates 2608 South 47th Street, Suite C

Free access — add to your briefcase to read the full text and ask questions with AI

1 CHIEF U.S. DISTRICT JUDGE RICARDO S. MARTINEZ

WESTERN DISTRICT OF WASHINGTON

) CIVIL NO. 3:20-cv-05236-RSM 9 Plaintiff, ) 10 ) ORDER vs. ) 11 ) COMMISSIONER OF SOCIAL SECURITY, ) 12 ) Defendant ) 13 )

14 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 15 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 16 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in 17 §2412(d)(1)(B), from the entry of final judgment on December 18, 2020 to file a timely EAJA 18 application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 19 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the 20 record, the Court determines that Plaintiff is the prevailing party, the government’s position was 21 not substantially justified, and that the itemization of attorney time spent is reasonable. In short, 22 the requirements of § 2412(d)(1)(B) are met. 23 24 25 David Oliver & Associates 2608 South 47th Street, Suite C 1 Having thoroughly considered the parties’ briefing and the relevant record, the Court 2 hereby GRANTS the motion and awards Plaintiff $7,237.44 in attorney’s fees, subject to any offset 3 allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010). 4 Payment of EAJA fees shall be sent to Plaintiff’s attorney: David Oliver & Associates, 2608 South 5 47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s 6 attorneys, David Oliver & Associates, if the Commissioner confirms that Plaintiff owes no debt to 7 the Government through the Federal Treasury Offset program. 8 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 9 DATED this 1st day of March, 2021. 10

11 A 12 RICARDO S. MARTINEZ 13 CHIEF UNITED STATES DISTRICT JUDGE 14

19 Presented by: 20

21 S/David P. OLIVER David P. Oliver, 22 Attorney for Plaintiff

24 25 David Oliver & Associates 2608 South 47th Street, Suite C

Dunn v. Commissioner of Social Security, (W.D. Wash. 2021).

Pincite

Dunn v. Commissioner of Social Security (Dunn v. Commissioner of Social Security) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related