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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HERMELINDA GONZALEZ, No. 1:20CV1244-DAD-HBK (SS) 12 Plaintiff, ORDER GRANTING STIPULATED 13 v. MOTION FOR AWARD AND PAYMENT OF ATTORNEY FEES AND 14 ANDREW SAUL, EXPENSES 15 Defendant. (Doc. No. 21) 16 17 18 19 20 Pending before the court is Plaintiff’s stipulated motion for attorney fees filed May 24, 21 2021. (Doc. No. 21). Plaintiff seeks attorney’s fees and expenses in the amount of $5,121.77 22 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.). 23 On May 13, 2021, the district 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. 19). Judgment was entered the 26 same day. (Doc. Bo. 20). Plaintiff now moves for an award of fees as the prevailing party under 27 that order. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 U.S.C. § 1920; 28 cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a 1 | sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party). 2 The Commissioner does not oppose the requested relief. (See Doc. No. 21 at 2). After 3 || issuance of an order awarding EAJA fees and costs, the United States Department of the Treasury 4 | will determine whether plaintiff owes a debt to the government. If plaintiff has no discernable 5 || federal debt, the government will accept plaintiff's assignment of EAJA fees and pay the fees 6 | directly to plaintiff's counsel. 7 Accordingly, it is ORDERED: 8 1. The stipulated motion for attorney fees and expenses (Doc. No. 21) is GRANTED. 9 2. Plaintiff is awarded fees in the amount of five thousand one hundred twenty-one 10 | dollars and seventy-seven cents ($5,121.77) in attorney fees and expenses. Unless the 11 | Department of Treasury determines that plaintiff owes a federal debt, the government must pay 12 | the fees to plaintiff's counsel in accordance with plaintiff's assignment of fees and subject to the 13 | terms of the stipulated motion. 14 15 | SO ORDERED. 16 Dated: _ May 25, 2021 Mile. Wh fareh Zaskth 7 HELENA M. BARCH-KUCHTA 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28