Bohms v. Commissioner Social Security Administration
Bohms v. Commissioner Social Security Administration
Trial Court Opinion
1 CHAD HATFIELD Attorney at Law 2 Hatfield Law Office 8131 W Klamath Ct, Ste D 3 Kennewick, WA 99336 4 Telephone: (509) 378-3696 Attorney for Plaintiff 5 6 IN THE UNITED STATES DISTRICT COURT DISTRICT OF OREGON 7 PENDLETON DIVISION 8 GABRIEL BOHMS, 9 10 Plaintiff, Case No. 2:23-cv-01583-YY 11 vs. 12 MARTIN O’MALLEY, 13 Commissioner of the Social Security ORDER GRANTING PLAINTIFF’S Administration, PETITION FOR EAJA FEES 14 Defendant. 15 16 BEFORE THE COURT is Plaintiff’s motion for an award of attorney fees pursuant to the 17 18 Equal Access to Justice Act (EAJA),
28 U.S.C. §2412. (Ct. Rec. 18.) Attorney CHAD 19 HATFIELD represents Plaintiff, United Stated Attorney for the District of Oregon, Natalie 20 Wight, Civil Division Chief, Kevin Danielson and Special Assistant United States Attorney 21 Sathya Oum, represent the Defendant. 22 On July 25, 2024, this Court issued its PLAINTIFF’S MOTION FOR SUMMARY 23 24 JUDGMENT/ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 25 (Ct. Rec. 17). Plaintiff now moves for an award of attorney fees pursuant to EAJA (Ct. Rec. 18.) 26 The EAJA provides for an award of attorney fees to private litigants who both prevail in 27 civil actions (other than tort) against the United States and timely file a petition for fees. 28 28 1 |) U.S.C. §2412(d)(2)(A). Under the EAJA, the court shall award attorney fees to the prevailing 2 || party unless it finds the government’s position was “substantially justified or that special circumstances make such an award unjust.”
28 U.S.C. §2412(d)(1)(A). Plaintiff seeks attorney fees of $5,846.42 based on an attorney fee rate of $244.62 per hour for 3.2 hours worked in 2023, and 20.7 hours worked in 2024. Accordingly, after review, 7 IT IS ORDERED: 8 (1) The Plaintiff's Motion (Ct. Rec. 17.) is GRANTED. The Commissioner is ” || directed to pay Plaintiff EAJA fees of $5,846.42. (2) The award to plaintiff shall be delivered or otherwise transmitted to plaintiffs 11 1 attorney of record. Address for the attorney for the Plaintiff: 13 Chad Hatfield 8131 W Klamath Ct, Ste D 14 Kennewick, WA 99336 (3) EAJA fees, expenses, and costs are subject to any offsets allowed under the “6 Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff, = «U.S. (2010),
130 S. Ct. 2521, 2522(2010). No costs or expenses are awarded.
19 (4) The District Court Executive is directed to file this Order, provide a copy to 20 || plaintiff as the prevailing party, plaintiff's counsel, and defendant’s counsel, and CLOSE the file. IT IS SO ORDERED. DATED this 24th day of _ October , 2024.
25 euler Chem Chou
5 UNITED STATES MAGISTRATE JUDGE
28
ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 2
Reference
- Status
- Unknown