Tribbett v. Commissioner of Social Security

1 U.S. DISTRICT JUDGE BARBARA J. ROTHSTEIN

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 TACOMA DIVISION TIMMY R. TRIBBETT, ) 10 ) CIVIL NO. 3:22-cv-05147-BJR Plaintiff, ) 11 ) ORDER vs. ) 12 ) COMMISSIONER OF SOCIAL SECURITY, ) 13 ) Defendant ) ) 17 This matter comes before the Court on the Plaintiff’s motion for attorney’s fees, ECF No. 15, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.

19 The Court issued its final decision on May 11, 2023, ECF No. 14, and entered judgment on August 28, 2023, ECF No. 18. Therefore, the Court deems Plaintiff’s application timely. See 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). Upon review of 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 Further, the Government has not opposed the motion, see ECF No. 17. Having considered the parties’ briefing and the relevant record, the Court hereby GRANTS the motion and awards Plaintiff $4,562.72 in attorney’s fees, subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratliff, 560 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be 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.

10 For the foregoing reasons, Plaintiff’s motion for attorney fees, ECF No. 15, is GRANTED.

12 DATED September 13, 2023.

13 A Barbara J. Rothstein 15 United States District Judge Presented by: S/David P. OLIVER David P. Oliver, Attorney for Plaintiff David Oliver & Associates 2608 South 47th Street, Suite C