Opinion
CIVIL 3:23-cv-05511-RSM
12-04-2023
KELLY JERVIS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant
David P. Oliver, Attorney for Plaintiff
David P. Oliver, Attorney for Plaintiff
ORDER
RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE
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
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. 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 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 party's briefing and the relevant record, the Court hereby GRANTS the motion and awards Plaintiff $339.89 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.
For the foregoing reasons, Plaintiff's stipulated motion for attorney fees is GRANTED;
Presented by: