(SS) Granados 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 PAUL VINTON GRANDADOS, JR., Case No. 1:19-cv-1426-HBK 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES AND EXPENSES 13 v. UNDER THE EQUAL JUSTICE ACT 14 COMMISSIONER OF SOCIAL (Doc. No. 33) SECURITY, 15 Defendant. 16 17 Pending before the Court is Plaintiff’s motion for attorney fees and supporting affidavit 18 from attorney Jonathan Omar Pena, filed March 22, 2021. (Doc. No. 22). Plaintiff moves for an 19 award of attorney’s fees and costs in the amount of $9,821.57 under the Equal Access to Justice 20 Act (“EAJA”), 28 U.S.C. § 2412. (Id.). The Commissioner of Social Security has not filed a 21 response to the motion. (See docket). 22 On December 22, 2020, this Court granted the parties’ Stipulation for Voluntary Remand 23 pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the 24 Commissioner for further administrative proceedings. (Doc. No. 31). The Clerk entered 25 judgment in favor of Plaintiff. (Doc. No. 32). Accordingly, as the prevailing party, plaintiff now 26 requests an award of fees and costs. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 27 54(d)(1); see 28 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding 28 that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing 1 | party). 2 The Commissioner has not filed an opposition to the motion. See docket. After issuance 3 | of an order awarding EAJA fees and costs, the United States Department of the Treasury will 4 | determine whether plaintiff owes a debt to the government. If plaintiff has no discernable federal 5 || debt, the government will accept plaintiff's assignment of EAJA fees and pay the fees directly to 6 | plaintiff's counsel. 7 Accordingly, it is ORDERED: 8 1. Plaintiff's motion for attorney fees and costs (Doc. No. 33) is GRANTED. 9 2. Plaintiff is awarded fees in the amount of nine thousand eight hundred twenty-one 10 | dollars and fifty-seven cents ($9,821.57) for attorney fees and expenses. Unless the Department 11 | of Treasury determines that plaintiff owes a federal debt, the government must pay the fees to 12 | plaintiff's counsel in accordance with plaintiffs assignment of fees and subject to the terms of the 13 | stipulation motion. 14 1s IT IS SO ORDERED. Dated: June 30, 2021 Mile. Wh fareh Zaskth 17 HELENA M. BARCH-KUCHTA 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28