(SS) Warren 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 PATRICK ODELL WARREN, Case No. 1:20-cv-01241-HBK 12 Plaintiff, ORDER GRANTING PLAINTIFF’S STIPULATED MOTION FOR ATTORNEY'S 13 v. FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT 14 COMMMISSIONER OF SOCIAL SECURITY, (Doc. No. 22) 15 Defendant. 16 17 Pending before the Court is Plaintiff’s stipulated motion for attorney fees filed July 28, 18 2021. (Doc. No. 22). Plaintiff seeks attorney’s fees in the amount of $4,675.00 under the Equal 19 Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.). Plaintiff is not seeking reimbursement 20 for costs. (Id. at 2). 21 On June 24, 2021, this Court granted the parties’ Stipulation for Voluntary Remand 22 pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the 23 Commissioner for further administrative proceedings. (Doc. No. 20). The Clerk entered 24 judgment in favor of Plaintiff the same day. (Doc. No. 21). Plaintiff, the prevailing party, now 25 requests an award of fees. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 26 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who 27 wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party). 28 The Commissioner stipulates to the requested relief. (See Doc. No. 22). After issuance of 1 an order awarding EAJA fees and costs, however, the United States Department of the Treasury 2 | will determine whether Plaintiff owes a debt to the government. Cd. at 2 §f[ 11-13). If Plaintiff 3 | has no discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees 4 | and pay the fees directly to Plaintiff's counsel. (/d. at 2 J] 13-16). 5 Accordingly, it is ORDERED: 6 1. Plaintiffs stipulated motion for attorney’s fees (Doc. No. 22) is GRANTED. 7 2. Plaintiff is awarded fees in the amount of $4,675.00 (four thousand six hundred 8 | seventy-five dollars). Unless the Department of Treasury determines Plaintiff owes a federal 9 | debt, the government must pay the fees to Plaintiff's counsel in accordance with Plaintiff's 10 || assignment of fees and subject to the terms of the stipulated motion. 11 | Dated: _ July 29, 2021 Mihaw. fareh Yack 13 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28