Padgett v. Commissioner of Social Security

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE TIFFANY S. PADGETT, Case No. C23-0026-RSM Plaintiff, ORDER GRANTING UNOPPOSED 11 MOTION FOR ATTORNEY FEES AND v. EXPENSES UNDER THE EQUAL 12 ACCESS TO JUSTICE ACT COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

This matter comes before the Court on the Plaintiff’s unopposed motion for attorney’s fees and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (“EAJA”). Dkt. #19.

20 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 23 U.S. 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 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 $8,010.36 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). The Acting Commissioner shall contact the Department of Treasury after this Order is entered to determine if the EAJA Award is subject to any offset. If the U.S. Department of the Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the government will honor Plaintiff's assignment of EAJA Award and pay the EAJA Award directly to Plaintiff’s counsel. If there is an offset, any remainder shall be made payable to Plaintiff, based on the Department of the Treasury’s Offset Program, and the payment shall be electronically deposited to Plaintiff's counsel, George Andre Fields, Esq. at P.O. Box 231024, Sacramento, CA 95823.

15 DATED this 11th day of July, 2023.

18 A RICARDO S. MARTINEZ 20 UNITED STATES DISTRICT JUDGE