Kim v. Commissioner of Social Security

Opinion

1 U.S. DISTRICT JUDGE RICHARD A. JONES

6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 DONG OK KIM, ) ) CASE NO. 3:20-cv-05791-RAJ 10 Plaintiff, ) ) PROPOSED ORDER 11 vs. ) 12 ) COMMISSIONER OF SOCIAL SECURITY, ) 13 ) Defendant ) 14 ) 15 16 This matter comes before the Court on the parties’ stipulated motion for attorney’s 17 fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 18 The motion is timely as Plaintiff had a 60-day appeal period, plus the 30-day 19 period in §2412(d)(1)(B), from the entry of final judgment on April 1, 2021 to file a 20 timely EAJA application. Akopyan v. Barnhart, 296 F.3d 852 (9th Cir. 2002); Melkonyan 21 v. Sullivan, 501 U.S. 89, 94-96 (1991); FED. R. App. P. 4(a). Furthermore, upon review 22 of the stipulation and the record, the Court determines that Plaintiff is the prevailing 23 party, the government’s position was not substantially justified, and that the itemization 24 25

David Oliver & Associates 2608 South 47th Street, Suite C 1 of attorney time spent is reasonable. In short, the requirements of § 2412(d)(1)(B) are 2 met. 3 Having thoroughly considered the parties’ briefing and the relevant record, the 4 Court hereby GRANTS the motion and awards Plaintiff $6,935.04 in attorney’s fees, 5 subject to any offset allowed under the Treasury Offset Program. See. Astrue v. Ratliff, 560 6 U.S. 586, 589 – 590 (2010). Payment of EAJA fees shall be sent to Plaintiff’s attorney: 7 David Oliver, David Oliver & Associates, 2608 South 47th Street, Suite C, Tacoma, WA 8 98409. Pursuant to Ratliff, award shall be payable to Plaintiff’s attorneys, David Oliver & 9 Associates, if the Commissioner confirms that Plaintiff owes no debt to the Government 10 through the Federal Treasury Offset program. 11 12 For the foregoing reasons, Plaintiff’s stipulated motion for attorney fees is 13 GRANTED; 14 DATED this 21st day of September, 2021. 15 A

16 17 The Honorable Richard A. Jones United States District Judge 18 19 20 21 22 23 24 25

David Oliver & Associates 2608 South 47th Street, Suite C