Milkovits v. Commissioner of Social Security

Opinion

1 U.S. DISTRICT JUDGE RICHARD A. JONES | 2 3 4 5 6 UNITED STATES DISTRICT COURT WASHINGTON AT SEATTLE

) CIVIL NO. 3:20-cv-05104-RAJ 10 Plaintiff, ) ) 1] Vs. ) ) ORDER 12 | COMMISSIONER OF SOCIAL SECURITY, __) ) 13 Defendant ) 14 ) 15 . □□□ . This matter comes before the Court on Plaintiff's motion for attorney’s fees pursuant to 16 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 18 §2412(d)(1)(B), from the entry of final judgment on September 2, 2020, to file a timely EAJA 19 : application. Akopyan v. Barnhart, 296 F.3d 852 (9"" Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 20 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the motion and the record, 21 the Court determines that Plaintiff is the prevailing party, the government’s position was not 22 Lo. oe . . substantially justified, and that the itemization of attorney time spent is reasonable. In short, the 23 . requirements of § 2412(d)(1)(B) are met. 24 25 David Oliver & Associates 2608 South 47" Street, Suite C ORDER FOR EAJA FEES - 1 Tacoma, WA 98409 (253) 472-4357 david@sslawyer.org

1 Having thoroughly considered the parties’ briefing and the relevant record, the Court 2 | hereby GRANTS the motion and awards Plaintiff $6,693.12 in attorney’s fees, subject to any 3 | offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 — 590 4 | (2010). Payment of EAJA fees shall be sent to Plaintiff's attorney: David Oliver & Associates, 5 | 2608 South 47" Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable 6 | to Plaintiff's attorneys, David Oliver & Associates, if the Commissioner confirms that Plaintiff 7 | owes no debt to the Government through the Federal Treasury Offset program. 8 For the foregoing reasons, Plaintiffs motion for attorney fees is GRANTED; 9 DATED this 8th day of December, 2020. 10 11 (Kechaud f fu Richard A.ones 12 United States District Judge 13 | presented by: 14 15 | S/David P. OLIVER David P. Oliver, 16 | Attorney for Plaintiff 17 18 19 20 21 22 23 24 25 David Oliver & Associates 2608 South 47" Street, Suite C ORDER FOR EAJA FEES - 2 Tacoma, WA 98409 (253) 472-4357 david@sslawyer.org