Moore v. Commissioner of Social Security

1 U.S. DISTRICT JUDGE RICARDO S. MARTINEZ

7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON TRACIE MOORE, ) 10 ) CIVIL NO. 3:23-cv-06198-RSM Plaintiff, ) 11 ) ORDER vs. ) 12 ) COMMISSIONER OF SOCIAL SECURITY, ) 13 ) Defendant ) ) 17 This matter comes before the Court on the party’s motion for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 19 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 May 12th, 2023 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 record, the Court determines that Plaintiff is the prevailing party, the government’s position was not substantially David Oliver & Associates 2608 South 47th Street, Suite C 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 party’s briefing and the relevant record, the Court hereby GRANTS the motion and awards Plaintiff $2,666.35 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).

6 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.

11 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is GRANTED; 12 DATED this 23rd day of September, 2024.

13 A RICARDO S. MARTINEZ 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