Levingston v. Commissioner of Social Security

1 United States District Judge Ronald B. Leighton

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 TACOMA DIVISION KIMBRA LEVINGSTON, ) ) CIVIL NO. 3:19-cv-05158-RBL 10 Plaintiff, ) ) ORDER 11 vs. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) 13 Defendant ) ) 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 judgment on October 22nd, 2019, to file a timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 20 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.

Having thoroughly considered the parties’ briefing and the relevant record, the Court hereby GRANTS the motion and awards Plaintiff $5,241.6 in attorney’s fees and $400 filing fee, David Oliver & Associates 2608 South 47th Street, Suite C subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 2 586, 589 – 590 (2010). If EAJA fees and costs are not subject to any offset, payment of this award shall be made via check, payable and sent to Attorney David Oliver’s address: David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409.

5 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees and costs is GRANTED.

7 DATED this 21st day of January, 2020.

10 A Ronald B. Leighton United States District Judge Presented by: S/David P. OLIVER David P. Oliver, Attorney for Plaintiff David Oliver & Associates 2608 South 47th Street, Suite C