Eaton v. Commissioner of Social Security

Filing 15

ORDER granting Parties' 14 Stipulated Motion for Attorney Fees. The Court hereby GRANTS the motion and awards Plaintiff $6,861.05 in attorney's fees, subject to any offset allowed under the Treasury Offset Program. Signed by Judge Richard A. Jones. (SR)

Case 3:21-cv-05053-RAJ Document 15 Filed 01/10/22 Page 1 of 2

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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ERNEST E. EATON, III,

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Plaintiff,

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vs.

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COMMISSIONER OF SOCIAL SECURITY,
Defendant

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) CIVIL NO. 3:21-cv-05053-RAJ
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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 judgement on July 27, 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

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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 3:21-cv-05053-RAJ Document 15 Filed 01/10/22 Page 2 of 2

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not substantially justified, and that the itemization of attorney time spent is reasonable. In short,

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the 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 $6,861.05 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 made payable to David Oliver and shall be sent to Plaintiff’s

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attorney by either EFT or check to David Oliver at David Oliver & Associates, 2608 South 47th

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Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s

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attorneys, David Oliver at David Oliver & Associates, if the Commissioner confirms that Plaintiff

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owes no debt to 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 10th day of January, 2022.

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A

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The Honorable Richard A. Jones
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]