Moore v. Commissioner of Social Security

Opinion

1 U.S. DISTRICT JUDGE RICARDO S. MARTINEZ

WESTERN DISTRICT OF WASHINGTON 8

9 TRACIE MOORE, ) 10 ) CIVIL NO. 3:23-cv-06198-RSM Plaintiff, ) 11 ) ORDER vs. ) 12 ) COMMISSIONER OF SOCIAL SECURITY, ) 13 ) Defendant ) 14 ) 15 16 17 This matter comes before the Court on the party’s motion for attorney’s fees pursuant to 18 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 period in 20 §2412(d)(1)(B), from the entry of final judgment on May 12th, 2023 to file a timely EAJA 21 application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 22 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the record, the Court 23 determines that Plaintiff is the prevailing party, the government’s position was not substantially 24 25 David Oliver & Associates 2608 South 47th Street, Suite C 1 justified, and that the itemization of attorney time spent is reasonable. In short, the requirements 2 of § 2412(d)(1)(B) are met. 3 Having thoroughly considered the party’s briefing and the relevant record, the Court hereby 4 GRANTS the motion and awards Plaintiff $2,666.35 in attorney’s fees, subject to any offset 5 allowed under the Treasury Offset Program. See. Astrue v. Ratliff, 560 U.S. 586, 589 – 590 (2010). 6 Payment of EAJA fees shall be sent to Plaintiff’s attorney by either EFT or check: David Oliver at 7 David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant to 8 Ratliff, award shall be payable to Plaintiff’s attorneys, David Oliver at David Oliver & Associates, 9 if the Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 10 Treasury Offset program. 11 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 12 DATED this 23rd day of September, 2024. 13 A 14 RICARDO S. MARTINEZ 15 UNITED STATES DISTRICT JUDGE 16 17 18 Presented by:

19 S/David P. OLIVER 20 David P. Oliver, 21 Attorney for Plaintiff

22 23 24 25 David Oliver & Associates 2608 South 47th Street, Suite C