Ivey v. Commissioner of Social Security ( 2021 )

1 U.S. DISTRICT JUDGE RICHARD A. JONES 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 BRANDON J. IVEY, ) 10 ) CASE NO. 3:20-cv-05625-RAJ Plaintiff, ) 11 ) PROPOSED ORDER 12 vs. ) ) 13 COMMISSIONER OF SOCIAL SECURITY, ) ) 14 Defendant ) 15 ) 16 This matter comes before the Court on the parties’ stipulated motion for attorney’s 17 fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 18 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day 19 period in §2412(d)(1)(B), from the entry of final judgement on May 3, 2021 to file a 20 21 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 22 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 23 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 24 party, the government’s position was not substantially justified, and that the itemization 25 David Oliver & Associates 2608 South 47th Street, Suite C 1 of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 2 met. 3 Having thoroughly considered the parties’ briefing and the relevant record, the 4 Court hereby GRANTS the motion and awards Plaintiff $6,269.96 in attorney’s fees, 5 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 6 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to Plaintiff’s attorney: 7 David Oliver at David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 8 98409. Pursuant to Ratiff, award shall be made payable to Plaintiff’s attorney, David Oliver 9 at David Oliver & Associates, if and to the extent that the Commissioner confirms that 10 Plaintiff owes no debt to the Government through the Federal Treasury Offset program. 11 12 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 13 GRANTED. 14 DATED this the 21st day of September, 2021. 15 A 16 17 The Honorable Richard A. Jones United States District Judge 18 19 20 21 22 23 24 25 David Oliver & Associates 2608 South 47th Street, Suite C