Larregui-Rivera v. Commissioner of Social Security

W.D. Washington

Larregui-Rivera v. Commissioner of Social Security

DecidedJanuary 12, 2022

Docket2:21-cv-00059

StatusUnknown

This text of Larregui-Rivera v. Commissioner of Social Security (Larregui-Rivera 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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Larregui-Rivera 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 9 AT SEATTLE

10 XAVIER LARREGUI-RIVERA, ) ) CIVIL NO. 2:21-cv-00059-RAJ 11 Plaintiff, ) 12 ) PROPOSED ORDER vs. ) 13 ) COMMISSIONER OF SOCIAL SECURITY, ) 14 ) 15 Defendant ) ) 16 17 This matter comes before the Court on the parties’ stipulated motion for attorney’s 18 fees 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 20 period in §2412(d)(1)(B), from the entry of final judgement on September 23, 2021 to file 21 a timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); 22 Melkonyan v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, 23 upon review of the stipulation and the record, the Court determines that Plaintiff is the 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 prevailing party, the government’s position was not substantially justified, and that the 2 itemization of attorney time spent is reasonable. In short, the requirements of § 3 2412(d)(1)(B) are met. 4 Having thoroughly considered the parties’ briefing and the relevant record, the 5 Court hereby GRANTS the motion and awards Plaintiff $6,796.93 in attorney’s fees, 6 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratliff, 560 7 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be made payable to and sent to 8 Plaintiff’s attorney by either EFT or check: David Oliver at David Oliver & Associates, 9 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratliff, award shall be 10 payable to Plaintiff’s attorneys, David Oliver at David Oliver & Associates, if the 11 12 Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 13 Treasury Offset program. 14 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 15 GRANTED; 16 DATED this 12th day of January, 2022. 17

18 A 19 20 The Honorable Richard A. Jones 21 United States District Judge

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 9 AT SEATTLE

10 XAVIER LARREGUI-RIVERA, ) ) CIVIL NO. 2:21-cv-00059-RAJ 11 Plaintiff, ) 12 ) PROPOSED ORDER vs. ) 13 ) COMMISSIONER OF SOCIAL SECURITY, ) 14 ) 15 Defendant ) ) 16 17 This matter comes before the Court on the parties’ stipulated motion for attorney’s 18 fees 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 20 period in §2412(d)(1)(B), from the entry of final judgement on September 23, 2021 to file 21 a timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); 22 Melkonyan v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, 23 upon review of the stipulation and the record, the Court determines that Plaintiff is the 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 prevailing party, the government’s position was not substantially justified, and that the 2 itemization of attorney time spent is reasonable. In short, the requirements of § 3 2412(d)(1)(B) are met. 4 Having thoroughly considered the parties’ briefing and the relevant record, the 5 Court hereby GRANTS the motion and awards Plaintiff $6,796.93 in attorney’s fees, 6 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratliff, 560 7 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be made payable to and sent to 8 Plaintiff’s attorney by either EFT or check: David Oliver at David Oliver & Associates, 9 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratliff, award shall be 10 payable to Plaintiff’s attorneys, David Oliver at David Oliver & Associates, if the 11 12 Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 13 Treasury Offset program. 14 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 15 GRANTED; 16 DATED this 12th day of January, 2022. 17

18 A 19 20 The Honorable Richard A. Jones 21 United States District Judge

22 23 24 25

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

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