Eaton v. Commissioner of Social Security

1 U.S. DISTRICT JUDGE RICHARD A. JONES

UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE ERNEST E. EATON, III, ) ) CIVIL NO. 3:21-cv-05053-RAJ 11 Plaintiff, ) ) ORDER 12 vs. ) ) COMMISSIONER OF SOCIAL SECURITY, ) ) Defendant ) 15 )

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 judgement on July 27, 2021 to file a timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 22 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 David Oliver & Associates 2608 South 47th Street, Suite C not substantially justified, and that the itemization of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are met.

3 Having thoroughly considered the parties’ briefing and the relevant record, the Court hereby GRANTS the motion and awards Plaintiff $6,861.05 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).

6 Payment of EAJA fees shall be made payable to David Oliver and shall be sent to Plaintiff’s attorney by either EFT or check to David Oliver at David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver at David Oliver & Associates, if the Commissioner confirms that Plaintiff owes no debt to the Government through the Federal Treasury Offset program.

11 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 12 DATED this 10th day of January, 2022.

13 A 15 The Honorable Richard A. Jones United States District Judge David Oliver & Associates 2608 South 47th Street, Suite C