Dow v. Social Security Administration

Filing 17

ORDER signed on 11/22/2024 by Magistrate Judge Mustafa T. Kasubhai GRANTING Application for Fees Pursuant to EAJA 13 . (bd)

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CHAD HATFIELD
Attorney at Law
Hatfield Law Office
8131 W Klamath Ct, Ste D
Kennewick, WA 99336
Telephone: [phone]
Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PENDLETON DIVISION

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JOSHUA DOW,

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Plaintiff,

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Case No. 2:24-cv-00527-MK

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. 13.) 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 L.

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Jamala Edwards, represent the Defendant.

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On August 6, 2024, this Court issued its STIPULATED REMAND FOR ADDITIONAL

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PROCEEDINGS (Ct. Rec. 11/12). Plaintiff now moves for an award of attorney fees pursuant to

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EAJA (Ct. Rec. 13.)

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The EAJA provides for an award of attorney fees to private litigants who both prevail in
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 $1,272.02 based on an attorney fee rate of $244.62 per

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hour for 5.2 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. 13.) is GRANTED. The Commissioner is

directed to pay Plaintiff EAJA fees of $1,272.02.

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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

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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The District Court Executive is directed to file this Order, provide a copy to

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plaintiff as the prevailing party, plaintiff’s counsel, and defendant’s counsel, and CLOSE the

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file.

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IT IS SO ORDERED.
DATED this 22nd day of November 2024.
s/ Mustafa T. Kasubhai
MUSTAFA T. KASUBHAI (He / Him)
United States Magistrate Judge

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ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 2