Posadas v. Colivn

Filing 23

ORDER granting 22 Motion for Attorney Fees, signed by Judge Ronald B. Leighton.(DN)

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1 2 3 David M. Church Attorney for Plaintiff The Disability Law Office, PLLC P.O. Box 3504 Silverdale, WA 98383 Telephone: (360) 204-3274 4 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 6 7 TINA L. POSADAS, 8 Plaintiff, Civil Action No. 3:13-cv-05048-RBL 9 10 11 v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, 12 Defendant. ORDER GRANTING MOTION FOR AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. §2412(d) 13 Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. §24l2, Plaintiff has asked 14 for an award of attorney’s fees in the amount of $5,111.47 for 27.4 hours of work on this case in 15 federal court. This Court hereby finds that an award of EAJA fees is appropriate because the 16 government’s position was not substantially justified, the plaintiff is the prevailing party, and no 17 special circumstances make an award of fees unjust. The Court further finds that the requested 18 fee is reasonable and that the amount of time spent by Plaintiff’s attorney was necessary to 19 provide quality representation. Defendant stipulates to this motion. Accordingly, Plaintiff’s 20 Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act is hereby 21 GRANTED. 22 23 24 Order Granting Motion for EAJA Fees - 1 The Disability Law Office, PLLC PO Box 3504 Silverdale, WA 98383 Ph: (360) 204-3274 Fax: (888) 550-6122 1 Plaintiff is awarded $5,111.47 in EAJA fees. If the award is not offset pursuant to the 2 Treasury Offset Program, as discussed in Astrue v. Ratliff, 130 S.Ct. 2521, 560 U.S. ____ (2010), 3 payment shall be made to Plaintiff’s attorney. 4 Dated this 16th day of August, 2013. 6 A 7 RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE 5 8 9 10 Presented by: /s/David M. Church, WSBA# 36899 Attorney for Plaintiff 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Order Granting Motion for EAJA Fees - 2 The Disability Law Office, PLLC PO Box 3504 Silverdale, WA 98383 Ph: (360) 204-3274 Fax: (888) 550-6122

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