Burgess v. Commissioner of Social Security

UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON TACOMA DIVISION JUSTIN W. BURGESS, ) ) CIVIL NO. 3:19-cv-05461-RSM 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 December 3, 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.

David Oliver & Associates 2608 South 47th Street, Suite C 1 Having thoroughly considered the parties’ briefing and the relevant record, the Court hereby GRANTS the motion and awards Plaintiff $5,040.00 in attorney’s fees, subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 U.S. 586, 589 – 590 (2010).

4 If EAJA fees are not subject to any offset, payment of this award shall be made via check sent to Attorney David Oliver’s address: David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409.

7 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 8 DATED this 12th day of February 2020.

9 A RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

14 Presented by: S/David P. OLIVER David P. Oliver, Attorney for Plaintiff David Oliver & Associates 2608 South 47th Street, Suite C