# Brown v. Commissioner Social Security Administration

> District Court, D. Oregon · April 23, 2024

URL: https://www.frixlaw.com/law-library/cases/10397328

## Case

- **Court:** District Court, D. Oregon
- **Decided:** April 23, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

1 CHAD HATFIELD
Attorney at Law
2 Hatfield Law Office
8131 W Klamath Ct, Ste D
3
Kennewick, WA 99336
4 Telephone: (509) 378-3696
Attorney for Plaintiff
5

6 IN THE UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
7 MEDFORD DIVISION

8

ALESHA BROWN,
9

10 Plaintiff, Case No. 1:23-cv-00160-HL

11 vs.

12
MARTIN O’MALLEY,
13 Commissioner of the Social Security ORDER GRANTING PLAINTIFF’S
Administration, PETITION FOR EAJA FEES
14
Defendant.
15

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BEFORE THE COURT is Plaintiff’s motion for an award of attorney fees pursuant to the
17
18 Equal Access to Justice Act (EAJA), 28 U.S.C. §2412. (Ct. Rec. 24.) Attorney CHAD
19 HATFIELD represents Plaintiff, United Stated Attorney for the District of Oregon, Natalie
20
Wight, Civil Division Chief, Kevin Danielson and Special Assistant United States Attorney
21
David Burdett, represent the Defendant. We have been in communication with the opposing
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counsel and have made some changes per his request.
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24 On December 5,2023, this Court issued its PLAINTIFF’S MOTION FOR SUMMARY
25 JUDGMENT/ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
26 (Ct. Rec. 22/23). Plaintiff now moves for an award of attorney fees pursuant to EAJA (Ct. Rec.
27
24.)
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1 The EAJA provides for an award of attorney fees to private litigants who both prevail in
2 civil actions (other than tort) against the United States and timely file a petition for fees. 28
3
U.S.C. §2412(d)(2)(A). Under the EAJA, the court shall award attorney fees to the prevailing
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party unless it finds the government’s position was “substantially justified or that special
5
circumstances make such an award unjust.” 28 U.S.C. §2412(d)(1)(A).
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7 Plaintiff seeks attorney fees of $6,022.77 based on an attorney fee rate of $234.95 per
8 hour for 2.0 hours in 2022, $244.62 per hour for 21.5 hours worked in 2023, and 1.2 hours
9
worked in 2024. Accordingly, after review,
10
IT IS ORDERED:
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(1) The Plaintiff’s Motion (Ct. Rec. 24.) is GRANTED. The Commissioner is
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13 directed to pay Plaintiff EAJA fees of $6,022.77.
14 (2) The award to plaintiff shall be delivered or otherwise transmitted to plaintiff’s
15 attorney of record. Address for the attorney for the Plaintiff:
16
Chad Hatfield
17 8131 W Klamath Ct, Ste D
Kennewick, WA 99336
18
(3) EAJA fees, expenses, and costs are subject to any offsets allowed under the
19
20 Treasury Offset Program (TOP), as discussed recently in Astrue v. Ratliff, U.S.
21 (2010), 130 S. Ct. 2521, 2522 (2010). No costs or expenses are awarded.
22
(4) The District Court Executive is directed to file this Order, provide a copy to
23
plaintiff as the prevailing party, plaintiff’s counsel, and defendant’s counsel, and CLOSE the
24
file.
25
26 IT IS SO ORDERED.
27 DATED this 23rd day of A _p_r_i_l______ , 2024.
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2 ANDREW D. HALLMAN
3 UNITED STATES MAGISTRATE JUDGE
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ORDER GRANTING PLAINTIFF’S PETITION FOR EAJA FEES 3

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10397328. Public record. Not legal advice.