McPherson v. Commissioner of Social Security

Opinion

U.S. DISTRICT JUDGE BENJAMIN H. SETTLE

WESTERN DISTRICT OF WASHINGTON

) CIVIL NO. 3:19-cv-05522-BHS Plaintiff, ) ) ORDER vs. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant ) )

This matter comes before the Court on the Plaintiff’s unopposed motion for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in §2412(d)(1)(B), from the entry of final judgment on April 15, 2020 to file a timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the record, the Court determines that Plaintiff is the prevailing party, the government’s position was not substantially justified, and that the itemization of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are met.

David Oliver & Associates 2608 South 47th Street, Suite C Having thoroughly considered the parties’ briefing and the relevant record, the Court hereby GRANTS the motion and awards Plaintiff $7,680.96 in attorney fees, subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to Plaintiff’s attorney: David Oliver & Associates, 2608 South 48th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver & Associates, if the Commissioner confirms that Plaintiff owes no debt to the Government through the Federal Treasury Offset program. For the foregoing reasons, Plaintiff’s motion for attorney fees is GRANTED; DATED this 27th day of July, 2020. A BENJAMIN H. SETTLE United States District Judge

Presented by:

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

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