Sterling v. Commissioner of Social Security

Filing 18

ORDER granting Parties' 17 Stipulated Motion for Attorney Fees. The Court hereby GRANTS the motion and awards Plaintiff $2,686.56 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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Case 3:20-cv-06169-RAJ Document 18 Filed 01/10/22 Page 1 of 2 1 U.S. DISTRICT JUDGE RICHARD A. JONES 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 DEREK STERLING, 10 Plaintiff, 11 vs. 12 13 COMMISSIONER OF SOCIAL SECURITY, Defendant 14 15 16 17 18 19 20 21 22 23 ) ) CIVIL NO. 3:20-cv-06169-RAJ ) ) PROPOSED ORDER ) ) ) ) ) ) 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 judgement on August 4th, 2021 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. 24 25 PROPOSED ORDER FOR EAJA FEES - 1 David Oliver & Associates 2608 South 47th Street, Suite C Tacoma, WA 98409 (253) 472-4357 david@sslawyer.org Case 3:20-cv-06169-RAJ Document 18 Filed 01/10/22 Page 2 of 2 1 Having thoroughly considered the parties’ briefing and the relevant record, the Court 2 hereby GRANTS the motion and awards Plaintiff $2,686.56 in attorney’s fees, subject to any offset 3 allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010). 4 Payment of EAJA fees shall be sent to Plaintiff’s attorney: David Oliver at David Oliver & 5 Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409, by check or by electronic fund 6 transfer (ETF). Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver at 7 David Oliver & Associates, if the Commissioner confirms that Plaintiff owes no debt to the 8 Government through the Federal Treasury Offset program. 9 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 10 11 DATED this 10th day of January, 2022. 12 13 A 14 The Honorable Richard A. Jones United States District Judge 15 16 17 18 19 20 21 22 23 24 25 PROPOSED ORDER FOR EAJA FEES - 2 David Oliver & Associates 2608 South 47th Street, Suite C Tacoma, WA 98409 (253) 472-4357 david@sslawyer.org

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