Florenciani v. Commissioner of Social Security

W.D. Washington

Florenciani v. Commissioner of Social Security

DecidedJanuary 12, 2022

Docket2:20-cv-01869

StatusUnknown

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

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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 SARA I. FLORENCIANI, ) 9 ) CIVIL NO. 2:20-cv-01869-RAJ 10 Plaintiff, ) ) PROPOSED ORDER 11 vs. ) ) 12 COMMISSIONER OF SOCIAL SECURITY, ) ) 13 Defendant ) ) 14

15 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 16 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 17 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in 18 §2412(d)(1)(B), from the entry of final judgement on July 7, 2021 to file a timely EAJA 19 application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 20 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the 21 record, the Court determines that Plaintiff is the prevailing party, the government’s position was 22 not substantially justified, and that the itemization of attorney time spent is reasonable. In short, 23 the requirements of § 2412(d)(1)(B) are met. 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 $6,954.57 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 made payable to and sent to Plaintiff’s attorney: David Oliver at 5 David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant to 6 Ratiff, award shall be payable to Plaintiff’s attorney, David Oliver at David Oliver & Associates, 7 if the Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 8 Treasury Offset program. 9 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 10 11 DATED this 10th day of January, 2022. 12 13 A

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

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

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 SARA I. FLORENCIANI, ) 9 ) CIVIL NO. 2:20-cv-01869-RAJ 10 Plaintiff, ) ) PROPOSED ORDER 11 vs. ) ) 12 COMMISSIONER OF SOCIAL SECURITY, ) ) 13 Defendant ) ) 14

15 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 16 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 17 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in 18 §2412(d)(1)(B), from the entry of final judgement on July 7, 2021 to file a timely EAJA 19 application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 20 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the 21 record, the Court determines that Plaintiff is the prevailing party, the government’s position was 22 not substantially justified, and that the itemization of attorney time spent is reasonable. In short, 23 the requirements of § 2412(d)(1)(B) are met. 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 $6,954.57 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 made payable to and sent to Plaintiff’s attorney: David Oliver at 5 David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant to 6 Ratiff, award shall be payable to Plaintiff’s attorney, David Oliver at David Oliver & Associates, 7 if the Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 8 Treasury Offset program. 9 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 10 11 DATED this 10th day of January, 2022. 12 13 A

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

18 19 20 21 22 23 24 25

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

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