Milkovits v. Commissioner of Social Security

1 U.S. DISTRICT JUDGE RICHARD A. JONES | UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE CYNTHIA S. MILKOVITS, ) ) CIVIL NO. 3:20-cv-05104-RAJ 10 Plaintiff, ) ) 1] Vs. ) ) ORDER | COMMISSIONER OF SOCIAL SECURITY, __) ) 13 Defendant ) 14 ) 15 . □□□ .

This matter comes before the Court on Plaintiff's 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 September 2, 2020, to file a timely EAJA 19 : application. Akopyan v. Barnhart, 296 F.3d 852 (9"" Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 20 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the motion and the record, the Court determines that Plaintiff is the prevailing party, the government’s position was not 22 Lo. oe . . substantially justified, and that the itemization of attorney time spent is reasonable. In short, the 23 . requirements of § 2412(d)(1)(B) are met.

David Oliver & Associates 2608 South 47" Street, Suite C ORDER FOR EAJA FEES - 1 Tacoma, WA 98409 (253) 472-4357 [email protected] 1 Having thoroughly considered the parties’ briefing and the relevant record, the Court | hereby GRANTS the motion and awards Plaintiff $6,693.12 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). Payment of EAJA fees shall be sent to Plaintiff's attorney: David Oliver & Associates, | 2608 South 47" Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable | to Plaintiff's attorneys, David Oliver & Associates, if the Commissioner confirms that Plaintiff | owes no debt to the Government through the Federal Treasury Offset program.

8 For the foregoing reasons, Plaintiffs motion for attorney fees is GRANTED; 9 DATED this 8th day of December, 2020.

11 (Kechaud f fu Richard A.ones 12 United States District Judge | presented by: | S/David P. OLIVER David P. Oliver, | Attorney for Plaintiff David Oliver & Associates 2608 South 47" Street, Suite C ORDER FOR EAJA FEES - 2 Tacoma, WA 98409 (253) 472-4357 [email protected]