Eaton v. Commissioner of Social Security

W.D. Washington

Eaton v. Commissioner of Social Security

DecidedJanuary 10, 2022

Docket3:21-cv-05053

StatusUnknown

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

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Opinion

1 U.S. DISTRICT JUDGE RICHARD A. JONES

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

10 ERNEST E. EATON, III, ) ) CIVIL NO. 3:21-cv-05053-RAJ 11 Plaintiff, ) ) ORDER 12 vs. ) ) 13 COMMISSIONER OF SOCIAL SECURITY, ) ) 14 Defendant ) 15 )

17 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 18 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 19 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in 20 §2412(d)(1)(B), from the entry of final judgement on July 27, 2021 to file a timely EAJA 21 application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 22 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the 23 record, the Court determines that Plaintiff is the prevailing party, the government’s position was 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 not substantially justified, and that the itemization of attorney time spent is reasonable. In short, 2 the requirements of § 2412(d)(1)(B) are met. 3 Having thoroughly considered the parties’ briefing and the relevant record, the Court 4 hereby GRANTS the motion and awards Plaintiff $6,861.05 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 David Oliver and shall be sent to Plaintiff’s 7 attorney by either EFT or check to David Oliver at David Oliver & Associates, 2608 South 47th 8 Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s 9 attorneys, David Oliver at David Oliver & Associates, if the Commissioner confirms that Plaintiff 10 owes no debt to the Government through the Federal Treasury Offset program. 11 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 12 DATED this 10th day of January, 2022. 13 A

14 15 The Honorable Richard A. Jones United States District Judge 16 17 18 19 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

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

10 ERNEST E. EATON, III, ) ) CIVIL NO. 3:21-cv-05053-RAJ 11 Plaintiff, ) ) ORDER 12 vs. ) ) 13 COMMISSIONER OF SOCIAL SECURITY, ) ) 14 Defendant ) 15 )

17 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 18 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 19 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in 20 §2412(d)(1)(B), from the entry of final judgement on July 27, 2021 to file a timely EAJA 21 application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 22 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the 23 record, the Court determines that Plaintiff is the prevailing party, the government’s position was 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 not substantially justified, and that the itemization of attorney time spent is reasonable. In short, 2 the requirements of § 2412(d)(1)(B) are met. 3 Having thoroughly considered the parties’ briefing and the relevant record, the Court 4 hereby GRANTS the motion and awards Plaintiff $6,861.05 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 David Oliver and shall be sent to Plaintiff’s 7 attorney by either EFT or check to David Oliver at David Oliver & Associates, 2608 South 47th 8 Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s 9 attorneys, David Oliver at David Oliver & Associates, if the Commissioner confirms that Plaintiff 10 owes no debt to the Government through the Federal Treasury Offset program. 11 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 12 DATED this 10th day of January, 2022. 13 A

14 15 The Honorable Richard A. Jones United States District Judge 16 17 18 19 20 21 22 23 24 25

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

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Eaton v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-commissioner-of-social-security-wawd-2022.

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