Rosell v. Commissioner of Social Security ( 2021 )

1 U.S. DISTRICT JUDGE RICHARD A. JONES 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE 11 DENNIS W. ROSELL, ) 12 ) CASE NO. 3:20-cv-05836-RAJ Plaintiff, ) 13 ) PROPOSED ORDER vs. ) 14 ) 15 COMMISSIONER OF SOCIAL SECURITY, ) ) 16 Defendant ) ) 17 18 This matter comes before the Court on the parties’ stipulated motion for attorney’s 19 fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 20 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day 21 period in §2412(d)(1)(B), from the entry of final judgement on June 8, 2021 to file a 22 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 23 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 24 25 David Oliver & Associates 2608 South 47th Street, Suite C 1 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 2 party, the government’s position was not substantially justified, and that the itemization 3 of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 4 met. 5 Having thoroughly considered the parties’ briefing and the relevant record, the 6 Court hereby GRANTS the motion and awards Plaintiff $6,967.92 in attorney’s fees, 7 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratiff, 560 8 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to Plaintiff’s attorney: 9 David Oliver at David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 10 98409. Pursuant to Ratiff, award shall be payable to Plaintiff’s attorneys, David Oliver at 11 12 David Oliver & Associates, if the Commissioner confirms that Plaintiff owes no debt to 13 the Government through the Federal Treasury Offset program. 14 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 15 GRANTED. 16 DATED this the 21st day of September, 2021. 17 A 18 19 The Honorable Richard A. Jones United States District Judge 20 21 22 23 24 25 David Oliver & Associates 2608 South 47th Street, Suite C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 David Oliver & Associates 2608 South 47th Street, Suite C