Durrant v. Commissioner of Social Security

Filing 27

ORDER granting Parties' 26 Stipulated Motion for EAJA fees. The Court hereby GRANTS the motion and awards Plaintiff $6,552.00 in attorney's fees, subject to any offset allowed under the Treasury Offset Program. Signed by Judge Richard A. Jones.(SR)

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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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SCOTT DURRANT,

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) CIVIL NO. 3:20-cv-05354-RAJ
Plaintiff,
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) PROPOSED ORDER
vs.
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COMMISSIONER OF SOCIAL SECURITY, )
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Defendant
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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 January 8, 2021 to file a
timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan

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v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review
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of the stipulation and the record, the Court determines that Plaintiff is the prevailing

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PROPOSED ORDER FOR EAJA FEES - 1

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

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

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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 hereby GRANTS the motion and awards Plaintiff $6,552.00 in attorney’s fees,
subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560

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U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to Plaintiff’s attorney:
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David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant
to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver & Associates, if the
Commissioner confirms that Plaintiff owes no debt to the Government through the Federal
Treasury Offset program.
For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is
GRANTED;
DATED this the 31st day of March, 2021.

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A

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The Honorable Richard A. Jones
United States District Judge

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PROPOSED ORDER FOR EAJA FEES - 2

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