Anderson v. Commissioner of Social Security

Filing 27

ORDER granting Parties' 26 Stipulated Motion for Attorney Fees. The Court hereby GRANTS the motion and awards Plaintiff $3,669.77 in attorney's fees, subject to any offset allowed under the Treasury Offset Program. Signed by Judge Richard A. Jones. (SR)

Case 2:20-cv-01600-RAJ Document 27 Filed 01/10/22 Page 1 of 2

U.S. DISTRICT JUDGE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KIERA LEE ANDERSON,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant

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) CIVIL NO. 2:20-cv-01600-RAJ
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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
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 August 5, 2021, of the parties’ stipulated

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motion to reverse and remand, to file a timely EAJA application. Akopyan v. Barnhart, 296 F.3d

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852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a).

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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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ORDER FOR EAJA FEES - 1

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

Case 2:20-cv-01600-RAJ Document 27 Filed 01/10/22 Page 2 of 2

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

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hereby GRANTS the motion and awards Plaintiff $3,669.77 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 made payable to and shall be sent to Plaintiff’s attorney: David

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Oliver at David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409.

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Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver at David Oliver &

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Associates, if the Commissioner confirms that Plaintiff owes no debt to the Government through

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the Federal Treasury Offset program.
For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED;

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DATED this 10th day of January, 2022.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER FOR EAJA FEES - 2

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