(SS) Janet L. Barker 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 JANET LYNN BARKER, Case No. 1:19-cv-01385-HBK 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY'S FEES AND COSTS 13 v. UNDER THE EQUAL ACCESS TO JUSTICE ACT 14 COMMMISSIONER OF SOCIAL SECURITY, (Doc. No. 24) 15 Defendant. 16 17 Pending before the Court is Plaintiff’s motion for attorney fees filed November 10, 2021. 18 (Doc. No. 24). Plaintiff seeks attorney’s fees in the amount of $4,300.00 under the Equal Access 19 to Justice Act (“EAJA”), 28 U.S.C. § 2412 and $400.00 in costs under 28 U.S.C. § 1920. (Id.). 20 On September 29, 2021, this Court entered judgment, pursuant to sentence four of 42 21 U.S.C.§ 405(g), reversing the Commissioner of Social security’s decision and remanding this 22 case back to the Commissioner for further proceedings. (Doc. No. 21). The Clerk entered 23 judgment in favor of Plaintiff the same day. (Doc. No. 22). Plaintiff, the prevailing party, now 24 requests an award of fees and costs. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 25 54(d)(1); see 28 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding 26 that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing 27 party). 28 The Commissioner stipulates to the requested relief. (Doc. No. 23 at 1). Before issuing 1 | the award of EAJA fees and costs, the United States Department of the Treasury will determine 2 | whether Plaintiff owes a debt to the government. (/d. at 3). If Plaintiff has no discernable federal 3 | debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees directly to 4 | Plaintiff's counsel, Young Cho. (ld. at 2). 5 Accordingly, it is ORDERED: 6 1. Plaintiffs motion for attorney’s fees (Doc. No. 24) is GRANTED. 7 2. Plaintiff is awarded fees and costs in the total amount of $4,700.00 (four thousand 8 | seven hundred 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: _ November 12, 2021 Mihaw. Th. foareh Zack 13 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28