Michael Rose v. Commissioner, Social Security Administration
Michael Rose v. Commissioner, Social Security Administration
Trial Court Opinion
1 CHAD HATFIELD 2 Attorney at Law Hatfield Law Office 3 8131 W Klamath Ct, Ste D 4 Kennewick, WA 99336 Telephone: (509) 378-3696 5 Attorney for Plaintiff 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT COURT OF OREGON 8 MICHAEL ROSE, 9 10 Plaintiff, Case No. 2:24-cv-01924-AR 11 vs. 12 COMMISSIONER, ORDER GRANTING PLAINTIFF’S 13 Social Security 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 Equal Access to Justice Act (EAJA),
28 U.S.C. §2412. (Ct. Rec. 18.) Attorney CHAD 18 HATFIELD represents Plaintiff. Scott E. Bradford, United States Attorney, Kevin Danielson, 19 Executive Assistant, U.S. Attorney, Michael J. Mullen, Office of the General Counsel. 20 21 On September 4, 2025, this Court issued its PLAINTIFF’S MOTION FOR SUMMARY 22 JUDGMENT/ORDER GRANTING STIPULATED MOTION FOR REMAND (Ct. Rec. 16/17.) 23 Plaintiff now moves for an award of attorney fees pursuant to EAJA (Ct. Rec. 18.) 24 The EAJA provides for an award of attorney fees to private litigants who both prevail in 25 civil actions (other than tort) against the United States and timely file a petition for fees. 28 26
27 U.S.C. §2412(d)(2)(A). Under the EAJA, the court shall award attorney fees to the prevailing 28 1 || party unless it finds the government’s position was “substantially justified or that special 2 || circumstances make such an award unjust.”
28 U.S.C. §2412(d)(1)(A). ° Plaintiff seeks attorney fees of $4,356.83, based on an attorney fee rate of $251.84 per 4 hour for 2.4 hours worked in 2024, and 14.9 hours worked at the rate of $251.84 per hour in 5 2025. Accordingly, after review, 7 IT IS ORDERED: 8 (1) The Plaintiff's Motion (Ct. Rec. 18.) is GRANTED. The Commissioner is ” || directed to pay Plaintiff EAJA fees of $4,356.83. 10 (2) The award to plaintiff shall be delivered or otherwise transmitted to plaintiffs 11 attorney of record. 12 13 (3) EAJA fees, expenses, and costs are subject to any offsets allowed under the 14 || Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff, US. (2010),
130 S. Ct. 2521, 2522(2010). No costs or expenses are awarded. 16 (4) The District Court Executive is directed to file this Order, provide a copy to 17 13 plaintiff as the prevailing party, plaintiff's counsel, and defendant’s counsel, and CLOSE the
19 || file. 20 IT IS SO ORDERED. 21 DATED this 12th day of December, 2025. 22
23 □ ‘ 24 HON | ARMISTEAD UNITED STATES MAGESTRATE JUDGE 26 27 28
ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 2
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