Dow v. Social Security Administration

District Court, D. Oregon

Dow v. 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 JOSHUA DOW, 9

10 Plaintiff, Case No. 2:24-cv-00527-MK

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. 13.) 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 L. 21 Jamala Edwards, represent the Defendant. 22 On August 6, 2024, this Court issued its STIPULATED REMAND FOR ADDITIONAL 23 PROCEEDINGS (Ct. Rec. 11/12). Plaintiff now moves for an award of attorney fees pursuant to 24 25 EAJA (Ct. Rec. 13.) 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 3 circumstances make such an award unjust.”

28 U.S.C. §2412

(d)(1)(A). 4 Plaintiff seeks attorney fees of $1,272.02based on an attorney fee rate of $244.62per 5 hour for 5.2hours worked in 2024. Accordingly, after review, 6 7 IT IS ORDERED: 8 (1) The Plaintiff’s Motion (Ct. Rec. 13.) is GRANTED. The Commissioner is 9 directed to pay Plaintiff EAJA fees of $1,272.02. 10 (2) The award to plaintiff shall be delivered or otherwise transmitted to plaintiff’s 11 attorney of record. Address for the attorney for the Plaintiff: 12 Chad Hatfield 13 8131 W Klamath Ct, Ste D 14 Kennewick, WA 99336 15 (3) EAJA fees, expenses, and costs are subject to any offsets allowed under the 16 Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff, U.S. 17 (2010),

130 S. Ct. 2521, 2522

(2010). No costs or expenses are awarded. 18 (4) The District Court Executive is directed to file this Order, provide a copy to 19 20 plaintiff as the prevailing party, plaintiff’s counsel, and defendant’s counsel, and CLOSE the 21 file. 22 IT IS SO ORDERED. 23 DATED this 22nd day of November 2024. 24 25 s/ Mustafa T. Kasubhai 26 MUSTAFA T. KASUBHAI (He / Him) United States Magistrate Judge 27 28

Reference

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