Opinion
CIVIL NO. 3:19-cv-05461-RSM
02-12-2020
JUSTIN W. BURGESS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant
David P. Oliver, Attorney for Plaintiff
ORDER
This matter comes before the Court on the parties' stipulated motion for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412
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 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review of the stipulation 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 $5,040.00 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). If EAJA fees are not subject to any offset, payment of this award shall be made via check sent to Attorney David Oliver's address: David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 98409.
For the foregoing reasons, Plaintiff's stipulated motion for attorney fees is GRANTED;
DATED this 12th day of February 2020.
/s/_________
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE Presented by: S/David P. OLIVER
David P. Oliver,
Attorney for Plaintiff