Larregui-Rivera v. Commissioner of Social Security

1 U.S. DISTRICT JUDGE RICHARD A. JONES

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE XAVIER LARREGUI-RIVERA, ) ) CIVIL NO. 2:21-cv-00059-RAJ Plaintiff, ) 12 ) PROPOSED ORDER vs. ) 13 ) COMMISSIONER OF SOCIAL SECURITY, ) ) 15 Defendant ) ) 17 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 September 23, 2021 to file a timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan v. Sullivan, 501 U.S. 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 David Oliver & Associates 2608 South 47th Street, Suite C 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 $6,796.93 in attorney’s fees, subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratliff, 560 7 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be made payable to and sent to Plaintiff’s attorney by either EFT or check: David Oliver at David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409. Pursuant to Ratliff, 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.

14 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 16 DATED this 12th day of January, 2022.

18 A The Honorable Richard A. Jones 21 United States District Judge

David Oliver & Associates 2608 South 47th Street, Suite C