Ade v. Saul

Filing 25

ORDER APPROVING 24 Stipulation for Attorney Fees filed by Petitioner. 1) Petitioner is awarded EAJA attorney fees in the amount of $6,000.00, pursuant to 28 U.S.C. § 2412(d).2) Respondent shall issue a check for EAJA fees and co sts made payable to Petitioner's attorney, Karl E. Osterhout, Esq., and mailed to: 521 Cedar Way, Suite 200, Oakmont, Pennsylvania, 15139.Any assignment to Petitioner's counsel of said fees will be subject to offset under the Treasury O ffset Program. Astrue v. Ratliff, 560 U.S. 586 (2010). If Petitioner has no debt which qualifies for offset under the Treasury Offset Program, the entire award is to be made payable directly to Karl E. Osterhout, Esq. and mailed to the address above.Signed by Judge Candy W. Dale. (klw)

Case 3:20-cv-00233-CWD Document 25 Filed 11/18/21 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

TRUDY ANNE A.,
Petitioner,

Case No.

3:20-CV-233-CWD

ORDER

v.
KILOLO KIJAKAZI, Acting
Commissioner of Social Security,
Respondent.

Before the Court is the parties’ Stipulation for Attorney Fees pursuant to the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). (Dkt. 24.) Pursuant to the
Stipulation, the parties have agreed to a compromise settlement of the payment of
attorney fees in the amount of $6,000.00. For the reasons stated herein, the Court will
approve the Stipulation and award attorney fees and costs in accordance therewith. (Dkt.
24.)
The EAJA provides that a court will award fees and other expenses to a prevailing
party when such fees and other expenses were incurred by that party in any civil action
brought against the United States, unless a court finds that “the position of the United
States was substantially justified or that special circumstances make an award unjust.” 28
U.S.C. §§ 2412(d)(1)(A) and (b). Fees and other expenses include “reasonable attorney

ORDER—1

Case 3:20-cv-00233-CWD Document 25 Filed 11/18/21 Page 2 of 3

fees.” Id. Costs in the form of fees to the clerk may be taxed in accordance with 28
U.S.C. § 1920.
Having reviewed the Stipulation and the entire record herein, the Court finds
Petitioner is the prevailing party in this matter and that nothing in the record indicates
“the position of the United States was substantially justified or that special circumstances
make an award unjust.” 28 U.S.C. § 2412(d)(1)(A). Indeed, Respondent has stipulated to
the requested attorney fees. But even if there is no objection, the Court has an
independent obligation to review the reasonableness of the request as to the fee charged
and the hours expended. Doing so here, the Court finds the stipulated amount of attorney
fees and costs is reasonable and consistent with the total amount of such fees regularly
seen by the Court in similar cases. 1
Based upon the EAJA, the Stipulation will be approved, and Petitioner will be
awarded attorney fees in the amount of $6,000.00. 28 U.S.C. §§ 1920, 2412(d). Any
assignment to Petitioner’s counsel of said fees will be subject to offset under the Treasury
Offset Program pursuant to Astrue v. Ratliff, 130 U.S. 2521 (2010), if applicable.

1
The total number of attorney hours expended and the hourly rate charged have not been provided to the Court. 28
U.S.C. § 2421(d)(1)(B). Nevertheless, applying the maximum statutory hourly rate of $207.78 for work performed
in 2020, prescribed in 28 U.S.C. § 2412(d)(2)(A)(ii) and as adjusted for inflation, see
https://www.ca9.uscourts.gov/attorneys/statutory-maximum-rates/, to the requested amount of attorney fees,
$6,000.00, reveals that Petitioner’s counsel is seeking reimbursement for approximately 28.8 hours on the case. The
Court finds that amount of time is within the normal range for cases such as this.

ORDER—2

Case 3:20-cv-00233-CWD Document 25 Filed 11/18/21 Page 3 of 3

ORDER
NOW THEREFORE IT IS HEREBY ORDERED that the Stipulation for
Attorney Fees and Costs (Dkt. 24) is APPROVED and attorney fees are AWARDED as
follows:
1) Petitioner is awarded EAJA attorney fees in the amount of $6,000.00, pursuant
to 28 U.S.C. § 2412(d).
2) Respondent shall issue a check for EAJA fees and costs made payable to
Petitioner’s attorney, Karl E. Osterhout, Esq., and mailed to:
521 Cedar Way, Suite 200
Oakmont, Pennsylvania, 15139
Any assignment to Petitioner’s counsel of said fees will be subject to offset under
the Treasury Offset Program. Astrue v. Ratliff, 560 U.S. 586 (2010). If Petitioner has no
debt which qualifies for offset under the Treasury Offset Program, the entire award is to
be made payable directly to Karl E. Osterhout, Esq. and mailed to the address above.

DATED: November 18, 2021
_________________________
Honorable Candy W. Dale
Chief United States Magistrate Judge

ORDER—3