Lawrence v. Berryhill

Filing 17

ORDER granting parties' 16 Stipulated Motion for EAJA fees: the Court awards Plaintiff $6,048.00 in attorneys fees, subject to any offset allowed under the Treasury Offset Program. Signed by Judge Ricardo S. Martinez.(MW)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TACOMA DIVISION

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HALEY J. LAWRENCE,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL SECURITY,
Defendant

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) CIVIL NO. C18-5479 RSM
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) ORDER ON EAJA
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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 judgment on January 25, 2019, 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). Furthermore, upon review of the stipulation and the record,

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the Court determines that Plaintiff is the prevailing party, the government’s position was not

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substantially justified, and that the itemization of attorney time spent is reasonable. In short, the

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requirements of § 2412(d)(1)(B) are 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 $6,048.00 in attorney’s fees, subject to any offset

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ORDER FOR EAJA FEES- 1

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

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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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Whether or not the EAJA fees are subject to any offset, payment of this award shall be made via

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check sent to Attorney David Oliver’s address: David Oliver & Associates, 2608 South 47th Street,

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Suite C, Tacoma, WA 98409.

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

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DATED this 19th day of April 2019.

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A

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RICARDO S. MARTINEZ
CHIEF 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]