(SS) Gonzalez v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO JAVIER GONZALEZ., No. 1:20-CV-00590 (HBK) 12 Plaintiff, 13 v. ORDER GRANTNG AWARD AND PAYMENT OF ATTORNEYS FEES UNDER 14 COMMISSIONER OF THE EQUAL ACCESS TO JUSTICE ACT SOCIAL SECURITY, 15 (Doc. No. 17) Defendant. 16 17 18 19 20 Pending before the court is plaintiff’s stipulated motion for attorney fees, filed March 12, 21 2021. (Doc. No. 17). Plaintiff seeks attorney’s fees in the amount of $2,908.92 under the Equal 22 Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.). 23 On January 11, 2021, this Court granted the parties’ Stipulation for Voluntary Remand 24 pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the 25 Commissioner for further administrative proceedings. (Doc. No. 15). The Clerk entered 26 judgment in favor of plaintiff thereafter. (Doc. No. 16). Accordingly, as the prevailing party, 27 plaintiff now requests an award of fees and costs. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. 28 1 | Civ. P. 54(d)(1); see 28 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) 2 | (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a 3 | prevailing party). 4 The Commissioner does not oppose the requested relief. See Doc. No. 17. After issuance 5 | of an order awarding EAJA fees and costs, however, the United States Department of the 6 | Treasury will determine whether plaintiff owes a debt to the government. If plaintiff has no 7 | discernable federal debt, the government will accept plaintiff's assignment of EAJA fees and pay 8 | the fees directly to plaintiff's counsel. 9 Accordingly, it is ORDERED: 10 1. Plaintiffs stipulated motion for attorney fees (Doc. No. 17) is GRANTED. 11 2. Plaintiff is awarded fees in the amount of two thousand nine hundred and eight dollars 12 | and ninety-two cents ($2,908.92). Unless the Department of Treasury determines that plaintiff 13 || owes a federal debt, the government must pay the fees to plaintiff's counsel in accordance with 14 | plaintiff's assignment of fees and subject to the terms of the stipulation motion. 15 16 IT IS SO ORDERED. Dated: March 15, 2021 Mile. Wh fareh Zaskth 18 HELENA M. BARCH-KUCHTA 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28