Sehmel v. Commissioner of Social Security

W.D. Washington

Sehmel v. Commissioner of Social Security

District Court, W.D. Washington·Decided March 12, 2021·No. 3:20-cv-05328·Unknown

Opinion

1 U.S. DISTRICT JUDGE RICHARD A. JONES 2

8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 BRADLEY J. SEHMEL, ) 11 ) CIVIL NO. 3:20-cv-05328-RAJ Plaintiff, ) 12 ) ORDER 13 vs. ) ) 14 COMMISSIONER OF SOCIAL SECURITY, ) ) 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 20 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day 21 period in §2412(d)(1)(B), from the entry of final judgment on December 1, 2020 to file a 22 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 23 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 24 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 party, the government’s position was not substantially justified, and that the itemization 2 of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 3 met. 4 Having thoroughly considered the parties’ briefing and the relevant record, the 5 Court hereby GRANTS the motion and awards Plaintiff $5,947.20 in attorney’s fees, 6 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 7 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to Plaintiff’s attorney: 8 David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant 9 to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver & Associates, if the 10 Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 11 12 Treasury Offset program. 13 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 14 GRANTED; 15 DATED this 12th day of March , 2021. 16 17 A

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

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 2

8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 BRADLEY J. SEHMEL, ) 11 ) CIVIL NO. 3:20-cv-05328-RAJ Plaintiff, ) 12 ) ORDER 13 vs. ) ) 14 COMMISSIONER OF SOCIAL SECURITY, ) ) 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 20 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day 21 period in §2412(d)(1)(B), from the entry of final judgment on December 1, 2020 to file a 22 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 23 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 24 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 party, the government’s position was not substantially justified, and that the itemization 2 of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 3 met. 4 Having thoroughly considered the parties’ briefing and the relevant record, the 5 Court hereby GRANTS the motion and awards Plaintiff $5,947.20 in attorney’s fees, 6 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 7 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to Plaintiff’s attorney: 8 David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant 9 to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver & Associates, if the 10 Commissioner confirms that Plaintiff owes no debt to the Government through the Federal 11 12 Treasury Offset program. 13 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 14 GRANTED; 15 DATED this 12th day of March , 2021. 16 17 A

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

22 23 24 25

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

Sehmel v. Commissioner of Social Security, (W.D. Wash. 2021).

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