Dunn v. Commissioner of Social Security

Filing 28

ORDER granting Parties' 27 Stipulated Motion for Attorney's Fees. Signed by Judge Ricardo S. Martinez. (SR)

Case 3:20-cv-05236-RSM Document 28 Filed 03/01/21 Page 1 of 2

CHIEF U.S. DISTRICT JUDGE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MELISSA A. DUNN,
Plaintiff,
vs.

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COMMISSIONER OF SOCIAL SECURITY,
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Defendant

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) CIVIL NO. 3:20-cv-05236-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
The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day period in
§2412(d)(1)(B), from the entry of final judgment on December 18, 2020 to file a timely EAJA
application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S.
89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation and the
record, the Court determines that Plaintiff is the prevailing party, the government’s position was
not substantially justified, and that the itemization of attorney time spent is reasonable. In short,
the requirements of § 2412(d)(1)(B) are 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 3:20-cv-05236-RSM Document 28 Filed 03/01/21 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 $7,237.44 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 1st day of March, 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]