Clark v. Commissioner of Social Security

Filing 30

ORDER granting the parties' 29 Stipulated Motion for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. The Court awards Plaintiff $3,971.52 in attorney's fees, subject to any offset allowed under the Treasury Offset Program. Signed by Judge Ricardo S. Martinez. (PM)

Case 2:20-cv-00339-RSM Document 30 Filed 01/06/21 Page 1 of 2

U.S. DISTRICT JUDGE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
SEATTLE DIVISION

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THOMAS CLARK JR.,
Plaintiff,

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vs.

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COMMISSIONER OF SOCIAL SECURITY,

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Defendant

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) CIVIL NO. 2:20-cv-00339-RSM
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) ORDER
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This matter comes before the Court on the parties’ stipulated motion for attorney’s fees
pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412

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The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in

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§2412(d)(1)(B), from the entry of final judgement on November 18, 2020 to file a timely EAJA

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application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S.

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89, 94-96 (1991); FED. R. App. P. 4(a). Further, as the remand is a stipulated remand, it is

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unnecessary to wait the 60 days from Judgement as normally required to allow for appeal.

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Furthermore, upon review of the stipulation and the record, the Court determines that Plaintiff is

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the prevailing party, the government’s position was not substantially justified, and that the

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itemization of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are

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met.

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ORDER FOR EAJA FEES - 1

David Oliver & Associates
2608 South 47th Street, Suite C
Tacoma, WA 98409
[phone]
[e-mail]

Case 2:20-cv-00339-RSM Document 30 Filed 01/06/21 Page 2 of 2

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Having thoroughly considered the parties’ briefing and the relevant record, the Court

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hereby GRANTS the motion and awards Plaintiff $3,971.52 in attorney’s fees, subject to any offset

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allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010).

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Payment of EAJA fees shall be sent to Plaintiff’s attorney: David Oliver & Associates, 2608 South

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47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s

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attorneys, David Oliver & Associates, if the Commissioner confirms that Plaintiff owes no debt to

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the Government through the Federal Treasury Offset program.

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For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED;

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DATED this 6th day of January, 2021.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:
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S/David P. OLIVER
David P. Oliver,
Attorney for Plaintiff

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ORDER FOR EAJA FEES - 2

David Oliver & Associates
2608 South 47th Street, Suite C
Tacoma, WA 98409
[phone]
[e-mail]