Opinions and documents
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UNITED STATES DISTRICT COURT
5 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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WENDY L. HUTZLER, CASE NO. C11-5672-RSM
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Plaintiff, ORDER GRANTING
8 PLAINTIFF’S MOTION FOR
ATTORNEY’S FEES UNDER THE
9 v. EQUAL ACCESS TO JUSTICE
ACT, 28 U.S.C. § 2412(D)
10 COMMISSIONER, SOCIAL SECURITY
ADMINISTRATION,
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Defendant.
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This matter comes before the Court on Plaintiff’s Motion for attorney’s fees and expenses
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pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Dkt. #16.
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Under EAJA, the Court must award attorney’s fees to the prevailing party in an action such
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as this unless it finds the government’s position was “substantially justified” or that special
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circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). EAJA creates a presumption
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that fees will be awarded to a prevailing party, but Congress did not intend fee shifting to be
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mandatory. Flores v. Shalala, 49 F.3d 562, 567 (9th Cir. 1995); Zapon v. United States Dep’t of
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Justice, 53 F.3d 283, 284 (9th Cir. 1995). Rather, the Supreme Court has interpreted the term
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“substantially justified” to mean that a prevailing party is not entitled to recover fees if the
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government’s position is “justified to a degree that could satisfy a reasonable person.” Pierce v.
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Underwood, 487 U.S. 552, 566 (1992). The decision to deny EAJA attorney’s fees is within the
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1 discretion of the court. Lewis v. Barnhart, 281 F.3d 1081, 1083 (9th Cir. 2002). Attorneys’ fees
under EAJA must be reasonable. 28 U.S.C. § 2412(d)(2)(A); Hensley v. Eckerhart, 461 U.S. 424,
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433 (1983).
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This Motion is timely. Furthermore, upon review of the Motion and the record, the Court
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determines that Plaintiff is the prevailing party and the Government’s position was not
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substantially justified. Furthermore, Plaintiff filed an Amended Motion for Attorney Fees on
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December 30, 2024, only to add that “[t]he Commissioner’s attorney . . . notified [Plaintiff’s
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attorney] that he has no objection to this motion, so this is now an unopposed motion.” Dkt. #19.
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Even without this, the Court may consider a party’s failure to file opposition as an admission that
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the motion has merit. See Local Civil Rule 7(b)(2). The Court concludes that Plaintiff’s requested
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EAJA fees in the amount of $7,152.40 and expenses in the amount of $23.75, a total sum of
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$7,176.15, are reasonable.
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For the reasons set forth above, the Court ORDERS that Plaintiff’s Motion, Dkt. #16, is
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GRANTED. The Court awards Plaintiff fees in the amount of $7,176.15 to be paid by Defendant,
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subject to verification that Plaintiff does not have a debt which qualifies for offset against the
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awarded fees, pursuant to the Treasury Offset Program discussed in Astrue v. Ratliff, 560 U.S. 586
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(2010). If Plaintiff has no debt, payment of this award shall be sent to Plaintiff’s attorney, Eitan
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Kassel Yanich, either by direct deposit or by check payable to him and mailed to his address: Eitan
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Kassel Yanich, PLLC, 203 Fourth Avenue E., Suite 321, Olympia, WA 98501.
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DATED this 7th day of January, 2024.
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A
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RICARDO S. MARTINEZ
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UNITED STATES DISTRICT JUDGE
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