Bohms v. Commissioner Social Security Administration

Filing 21

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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1 2 3 4 CHAD HATFIELD Attorney at Law Hatfield Law Office 8131 W Klamath Ct, Ste D Kennewick, WA 99336 Telephone: (509) 378-3696 Attorney for Plaintiff 5 6 IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON PENDLETON DIVISION 7 8 9 GABRIEL BOHMS, 10 11 12 13 14 15 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. 16 17 BEFORE THE COURT is Plaintiff’s motion for an award of attorney fees pursuant to the 18 Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Ct. Rec. 18.) Attorney CHAD 19 HATFIELD represents Plaintiff, United Stated Attorney for the District of Oregon, Natalie 20 Wight, Civil Division Chief, Kevin Danielson and Special Assistant United States Attorney 21 Sathya Oum, represent the Defendant. 22 23 On July 25, 2024, this Court issued its PLAINTIFF’S MOTION FOR SUMMARY 24 JUDGMENT/ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 25 (Ct. Rec. 17). Plaintiff now moves for an award of attorney fees pursuant to EAJA (Ct. Rec. 18.) 26 The EAJA provides for an award of attorney fees to private litigants who both prevail in 27 civil actions (other than tort) against the United States and timely file a petition for fees. 28 28 ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 1 1 U.S.C. §2412(d)(2)(A). Under the EAJA, the court shall award attorney fees to the prevailing 2 party unless it finds the government’s position was “substantially justified or that special 3 circumstances make such an award unjust.” 28 U.S.C. §2412(d)(1)(A). 4 Plaintiff seeks attorney fees of $5,846.42 based on an attorney fee rate of $244.62 per 5 6 hour for 3.2 hours worked in 2023, and 20.7 hours worked in 2024. Accordingly, after review, 7 IT IS ORDERED: 8 (1) 9 The Plaintiff’s Motion (Ct. Rec. 17.) is GRANTED. The Commissioner is directed to pay Plaintiff EAJA fees of $5,846.42. 10 (2) The award to plaintiff shall be delivered or otherwise transmitted to plaintiff’s 11 12 attorney of record. Address for the attorney for the Plaintiff: Chad Hatfield 8131 W Klamath Ct, Ste D Kennewick, WA 99336 13 14 15 (3) EAJA fees, expenses, and costs are subject to any offsets allowed under the 16 Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff, U.S. 17 (2010), 130 S. Ct. 2521, 2522 (2010). No costs or expenses are awarded. (4) 19 23 24 25 26 27 IT IS SO ORDERED. DATED this 24th day of October __________ , 2024. ~ 22 file. ~ 21 plaintiff as the prevailing party, plaintiff’s counsel, and defendant’s counsel, and CLOSE the ~ 20 The District Court Executive is directed to file this Order, provide a copy to 1~ 18 ___________________________________ YOULEE YIM YOU UNITED STATES MAGISTRATE JUDGE 28 ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 2

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