Bohms v. Commissioner Social Security Administration
Filing
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ORDER GRANTING PLAINTIFF'S PETITION FOR EAJA FEES Signed on 10/24/2024 by United States Magistrate Judge Youlee Yim You. (pjg)
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CHAD HATFIELD
Attorney at Law
Hatfield Law Office
8131 W Klamath Ct, Ste D
Kennewick, WA 99336
Telephone: (509) 378-3696
Attorney for Plaintiff
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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PENDLETON DIVISION
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GABRIEL BOHMS,
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Plaintiff,
Case No. 2:23-cv-01583-YY
vs.
MARTIN O’MALLEY,
Commissioner of the Social Security
Administration,
ORDER GRANTING PLAINTIFF’S
PETITION FOR EAJA FEES
Defendant.
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BEFORE THE COURT is Plaintiff’s motion for an award of attorney fees pursuant to the
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Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Ct. Rec. 18.) Attorney CHAD
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HATFIELD represents Plaintiff, United Stated Attorney for the District of Oregon, Natalie
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Wight, Civil Division Chief, Kevin Danielson and Special Assistant United States Attorney
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Sathya Oum, represent the Defendant.
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On July 25, 2024, this Court issued its PLAINTIFF’S MOTION FOR SUMMARY
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JUDGMENT/ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
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(Ct. Rec. 17). Plaintiff now moves for an award of attorney fees pursuant to EAJA (Ct. Rec. 18.)
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The EAJA provides for an award of attorney fees to private litigants who both prevail in
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civil actions (other than tort) against the United States and timely file a petition for fees. 28
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ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 1
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U.S.C. §2412(d)(2)(A). Under the EAJA, the court shall award attorney fees to the prevailing
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party unless it finds the government’s position was “substantially justified or that special
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circumstances make such an award unjust.” 28 U.S.C. §2412(d)(1)(A).
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Plaintiff seeks attorney fees of $5,846.42 based on an attorney fee rate of $244.62 per
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hour for 3.2 hours worked in 2023, and 20.7 hours worked in 2024. Accordingly, after review,
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IT IS ORDERED:
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(1)
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The Plaintiff’s Motion (Ct. Rec. 17.) is GRANTED. The Commissioner is
directed to pay Plaintiff EAJA fees of $5,846.42.
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(2)
The award to plaintiff shall be delivered or otherwise transmitted to plaintiff’s
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attorney of record. Address for the attorney for the Plaintiff:
Chad Hatfield
8131 W Klamath Ct, Ste D
Kennewick, WA 99336
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(3)
EAJA fees, expenses, and costs are subject to any offsets allowed under the
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Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff,
U.S.
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(2010), 130 S. Ct. 2521, 2522 (2010). No costs or expenses are awarded.
(4)
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IT IS SO ORDERED.
DATED this 24th day of
October
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, 2024.
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file.
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plaintiff as the prevailing party, plaintiff’s counsel, and defendant’s counsel, and CLOSE the
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The District Court Executive is directed to file this Order, provide a copy to
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___________________________________
YOULEE YIM YOU
UNITED STATES MAGISTRATE JUDGE
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ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 2
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