TN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

BOYD C. STONE, 

Plaintiff, 

v. 

COMMISSIONER, SOCIAL SECURITY 

ADMrNISTRA TION, 

Defendant. 

CLARKE, Magistrate Judge. 

Civ. No.6: 14-cv-01 007-CL 

ORDER 

This matter comes before the Court on the stipulation of the parties (#40) that Plaintiff 

Boyd C. Stone ("Plaintiff') be awarded $5,151.65 in attorney's fees under the Equal Access 

Justice Act ("EAJA"), 28 U.S.C. § 2412(d). 

BACKGROUND 

On June· 23, 2014, Plaintiff filed a Complaint ( # 1) to obtain judicial review of the final 

decision of the Commissioner of the Social Security Administration ("Commissioner") denying 

her application for Social Security disability benefits. On August 26, 2015, this Court remanded 

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Case 6:14-cv-01007-CL Document 41 Filed 11/25/15 Page 1 of 3
(#37) Plaintiffs case for an immediate payment of benefits. On November 24, 2015, Plaintiffs 

attorney filed a stipulated application (#40) for EAJA fees. 

LEGAL STANDARD 

A prevailing party in an action against the United States is entitled to an award of 

attorney's fees and costs under the EAJA unless the government demonstrates that its position in 

the litigation was "substantially justified" or that "special circumstances make an award unjust." 

28 U.S.C. § 2412(d)(1)(A). An EAJA fee award must be reasonable. Sorenson v. Mink, 239 F.3d 

1140, 1145 (9th Cir. 2001 ). In determining whether a fee is reasonable, the Court considers the 

hours expended, the reasonableness of the hourly rate charged, and the results obtained. Hensley 

v. Eckerhart, 461 U.S. 424, 434 (1983); Atkins v. Apfel, 154 F.3d 986, 988 (9th Cir. 1998) 

(applying Hensley to cases involving the EAJA). If the requested fees are not shown to be 

reasonable, then the Court may reduce the award. See Hensley, 461 U.S. at 433; Atkins, 154 F.3d 

at 988. 

DISCUSSION 

It is undisputed that Plaintiff is a prevailing party. By stipulating to the attorney's fees 

award, the Commissioner concedes its position in denying Plaintiffs application was not 

"substantially justified" and that no special circumstances render the requested award unjust. 

Having reviewed the stipulated motion, the Court finds Plaintiffs petition is proper and the 

amount requested is reasonable with one exception. Plaintiffs counsel logged 0.40 hours 

discussing eviction with Plaintiff over the phone. It is unclear to the Court how eviction relates to 

Plaintiffs social security appeal. Accordingly, Plaintiffs application (#18) for EAJA fees is 

GRANTED with a downward adjustment of $76.02 ($190.06 x 0.40). Plaintiff is awarded 

$5,057.65 in attorney's fees pursuant to 28 U.S.C. § 2412. 

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Case 6:14-cv-01007-CL Document 41 Filed 11/25/15 Page 2 of 3
The amount of this award shall be paid to Plaintiffs attorney upon verification that 

Plaintiff validly assigned these EAJA fees to her attorney and that Plaintiff has no debt, which 

qualifies for offset against the award, pursuant to the Treasury Offset Program. See Astrue v. 

Ratliff, 560 U.S. 586, 589 (2010). If Plaintiff has no such debt and there is a valid assignment, 

then a check shall be made out to Plaintiffs attorney, and mailed to Plaintiffs attorney. If 

Plaintiff has a debt, and/or if there is no valid assignment, then a check for the remaining funds, 

after any offset of the debt, shall be made to Plaintiff and mailed to Plaintiffs attorney. Plaintiffs 

attorney's mailing address is as follows: 

1700 Valley River Drive 

Eugene, OR 97401 

It is so ORDERED and DATED this V) 

United States Magistrate Judge 

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