Hofferber v. Commissioner of Social Security

W.D. Washington

Hofferber v. Commissioner of Social Security

District Court, W.D. Washington·Decided June 1, 2020·No. 3:19-cv-05636·Unknown

Opinion

1 U.S. DISTRICT JUDGE BENJAMIN H. SETTLE

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA

8 CINDY L. HOFFERBER, ) ) CIVIL NO. 3:19-cv-05636-BHS 9 Plaintiff, ) 10 ) vs. ) 11 ) ORDER COMMISSIONER OF SOCIAL SECURITY, ) 12 ) Defendant ) 13 )

14 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 15 and costs 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 March 3, 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 $4,757.76 in attorney’s fees plus the $400.00 3 filing fee for a total of $5,157.76, subject to any offset allowed under the Treasury Offset Program. 4 See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to 5 Plaintiff’s attorney: David Oliver & Associates, 2608 South 48th Street, Suite C, Tacoma, WA 6 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver & 7 Associates, if the Commissioner confirms that Plaintiff owes no debt to the Government through 8 the Federal Treasury Offset program. 9 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 10 Dated this 1st day of June, 2020. 11 A 12 13 14 BENJAMIN H. SETTLE

15 United States District Judge 16 Presented by:

17 S/David P. OLIVER David P. Oliver, 18 Attorney for Plaintiff

21 22 23 24 25

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

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1 U.S. DISTRICT JUDGE BENJAMIN H. SETTLE

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT TACOMA

8 CINDY L. HOFFERBER, ) ) CIVIL NO. 3:19-cv-05636-BHS 9 Plaintiff, ) 10 ) vs. ) 11 ) ORDER COMMISSIONER OF SOCIAL SECURITY, ) 12 ) Defendant ) 13 )

14 This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 15 and costs 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 March 3, 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 $4,757.76 in attorney’s fees plus the $400.00 3 filing fee for a total of $5,157.76, subject to any offset allowed under the Treasury Offset Program. 4 See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to 5 Plaintiff’s attorney: David Oliver & Associates, 2608 South 48th Street, Suite C, Tacoma, WA 6 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver & 7 Associates, if the Commissioner confirms that Plaintiff owes no debt to the Government through 8 the Federal Treasury Offset program. 9 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 10 Dated this 1st day of June, 2020. 11 A 12 13 14 BENJAMIN H. SETTLE

15 United States District Judge 16 Presented by:

17 S/David P. OLIVER David P. Oliver, 18 Attorney for Plaintiff

21 22 23 24 25

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

Hofferber v. Commissioner of Social Security, (W.D. Wash. 2020).

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