Espain v. Commissioner Social Security Administration

D. Oregon

Espain v. Commissioner Social Security Administration

District Court, D. Oregon·Decided April 2, 2025·No. 2:24-cv-00167·Unknown

Opinion

Attorney at Law 2 Hatfield Law Office 8131 W Klamath Ct, Ste D 3 Kennewick, WA 99336 4 Telephone: (509) 378-3696 Attorney for Plaintiff DISTRICT OF OREGON 6 PENDLETON DIVISION 8 Plaintiff, Case No. 2:24-cv-00167-AR 9 vs. 10 LELUND DUDEK, 11 Acting Commissioner of the Social ORDER GRANTING PLAINTIFF’S 12 Security Administration, PETITION FOR EAJA FEES 13 Defendant. 14 15 BEFORE THE COURT is Plaintiff’s motion for an award of attorney fees pursuant to the 16 Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Ct. Rec. 16.) Attorney CHAD 17 HATFIELD represents Plaintiff, United Stated Attorney for the District of Oregon, Natalie 18 Wight, Civil Division Chief, Kevin Danielson and Executive Assistant United States Attorney, 19 20 and Scott C. Ackerman, represent the Defendant. 21 On December 27, 2024, this Court issued its PLAINTIFF’S MOTION FOR SUMMARY 22 JUDGMENT/ORDER GRANTING PLAINTIFF’S MOTION FOR IMMEDIATE AWARD OF 23 BENEFITS (Ct. Rec. 14/15). Plaintiff now moves for an award of attorney fees pursuant to 24 EAJA (Ct. Rec. 16.) 25 26 The EAJA provides for an award of attorney fees to private litigants who both prevail in 27 civil actions (other than tort) against the United States and timely file a petition for fees. 28 28 U.S.C. §2412(d)(2)(A). Under the EAJA, the court shall award attorney fees to the prevailing 1 || party unless it finds the government’s position was “substantially justified or that special 2 || circumstances make such an award unjust.” 28 U.S.C. §2412(d)(1)(A). 3 Plaintiff seeks attorney fees of $6,781.63 based on an attorney fee rate of $244.62 per 4 hour for 2.5 hours worked in 2023, $251.84 per hour for 22.8 hours worked in 2024, $251.84 per 5 hour for 1.7 hours worked in 2025. Accordingly, after review, 7 IT IS ORDERED: 8 (1) The Plaintiff's Motion (Ct. Rec. 16.) is GRANTED. The Commissioner is ” || directed to pay Plaintiff EAJA fees of $6,781.63. 10 (2) The award to plaintiff shall be delivered or otherwise transmitted to plaintiffs 11 1 attorney of record. Address for the attorney for the Plaintiff: 13 Chad Hatfield 8131 W Klamath Ct, Ste D 14 Kennewick, WA 99336 (3) EAJA fees, expenses, and costs are subject to any offsets allowed under the 16 || Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff, 560 U.S. 586, “7 596-97(2010). No costs or expenses are awarded. 18 19 (4) The District Court Executive is directed to file this Order, provide a copy to 20 || plaintiff as the prevailing party, plaintiff's counsel, and defendant’s counsel, and CLOSE the file. 22 IT IS SO ORDERED. 23 DATED this 2nd day of April, 2025. 24 25 | aft ppinett® 26 HONORYBLE JEFF ARMISTEAD UNITED STATES MAGISTRATE JUDGE 27 28

ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 2

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Attorney at Law 2 Hatfield Law Office 8131 W Klamath Ct, Ste D 3 Kennewick, WA 99336 4 Telephone: (509) 378-3696 Attorney for Plaintiff DISTRICT OF OREGON 6 PENDLETON DIVISION 8 Plaintiff, Case No. 2:24-cv-00167-AR 9 vs. 10 LELUND DUDEK, 11 Acting Commissioner of the Social ORDER GRANTING PLAINTIFF’S 12 Security Administration, PETITION FOR EAJA FEES 13 Defendant. 14 15 BEFORE THE COURT is Plaintiff’s motion for an award of attorney fees pursuant to the 16 Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Ct. Rec. 16.) Attorney CHAD 17 HATFIELD represents Plaintiff, United Stated Attorney for the District of Oregon, Natalie 18 Wight, Civil Division Chief, Kevin Danielson and Executive Assistant United States Attorney, 19 20 and Scott C. Ackerman, represent the Defendant. 21 On December 27, 2024, this Court issued its PLAINTIFF’S MOTION FOR SUMMARY 22 JUDGMENT/ORDER GRANTING PLAINTIFF’S MOTION FOR IMMEDIATE AWARD OF 23 BENEFITS (Ct. Rec. 14/15). Plaintiff now moves for an award of attorney fees pursuant to 24 EAJA (Ct. Rec. 16.) 25 26 The EAJA provides for an award of attorney fees to private litigants who both prevail in 27 civil actions (other than tort) against the United States and timely file a petition for fees. 28 28 U.S.C. §2412(d)(2)(A). Under the EAJA, the court shall award attorney fees to the prevailing 1 || party unless it finds the government’s position was “substantially justified or that special 2 || circumstances make such an award unjust.” 28 U.S.C. §2412(d)(1)(A). 3 Plaintiff seeks attorney fees of $6,781.63 based on an attorney fee rate of $244.62 per 4 hour for 2.5 hours worked in 2023, $251.84 per hour for 22.8 hours worked in 2024, $251.84 per 5 hour for 1.7 hours worked in 2025. Accordingly, after review, 7 IT IS ORDERED: 8 (1) The Plaintiff's Motion (Ct. Rec. 16.) is GRANTED. The Commissioner is ” || directed to pay Plaintiff EAJA fees of $6,781.63. 10 (2) The award to plaintiff shall be delivered or otherwise transmitted to plaintiffs 11 1 attorney of record. Address for the attorney for the Plaintiff: 13 Chad Hatfield 8131 W Klamath Ct, Ste D 14 Kennewick, WA 99336 (3) EAJA fees, expenses, and costs are subject to any offsets allowed under the 16 || Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff, 560 U.S. 586, “7 596-97(2010). No costs or expenses are awarded. 18 19 (4) The District Court Executive is directed to file this Order, provide a copy to 20 || plaintiff as the prevailing party, plaintiff's counsel, and defendant’s counsel, and CLOSE the file. 22 IT IS SO ORDERED. 23 DATED this 2nd day of April, 2025. 24 25 | aft ppinett® 26 HONORYBLE JEFF ARMISTEAD UNITED STATES MAGISTRATE JUDGE 27 28

ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 2

Espain v. Commissioner Social Security Administration, (D. Or. 2025).

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