Newton v. Commissioner of Social Security

Opinion

1 CHIEF U.S. DISTRICT JUDGE RICARDO S. MARTINEZ 2 3 4 5 6 UNITED STATES DISTRICT COURT TACOMA DIVISION

) CIVIL NO. 3:20-cv-05560-RSM 10 Plaintiff, ) ) ORDER 1] vs, ) ) 12 COMMISSIONER OF SOCIAL SECURITY, _ ) ) 13 Defendant ) 14 ) 15 . . This matter comes before the Court on the parties’ stipulated motion for attorney’s fees 6 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 17 . oe . Ly: 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 judgement on April 8, 2021 to file a timely EAJA 19 application. Akopyan v. Barnhart, 296 F.3d 852 (9"" Cir. 2002); Melkonyan y. Sullivan, 501 U.S. 20 . . 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the 21 pps “ye we record, the Court determines that Plaintiff is the prevailing party, the government’s position was 22 . oe, . not substantially justified, and that the itemization of attorney time spent is reasonable. In short, 23 the 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

Having thoroughly considered the parties’ briefing and the relevant record, the Court 2 hereby GRANTS the motion and awards Plaintiff $3,306.24 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 at David Oliver 5 & Associates, 2608 South 47" Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award 6 shall be payable to Plaintiff's attorney, David Oliver at David Oliver & Associates, if the 7 Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 8 Treasury Offset program. 9 For the foregoing reasons, Plaintiff's stipulated motion for attorney fees is GRANTED; 10 DATED this 7th day of July, 2021. 11 12 Ricardo S. Martinez 13 Chief United States District Judge Presented by: 14 15 . S/David P. OLIVER 16 David P. Oliver, 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