(SS) Ohman v. Commissioner of Social Security ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DEBBIE OHMAN, No. 2:16-cv-2722-JAM-EFB 11 Plaintiff, 12 v. ORDER 13 ANDREW SAUL, Commissioner of Social Security, 14 Defendant. 15 16 17 On March 3, 2020, the magistrate judge filed findings and recommendations herein which 18 were served on the parties and which contained notice that any objections to the findings and 19 recommendations were to be filed within fourteen days. Defendant filed objections on March 16, 20 2020, and plaintiff filed a response thereto on March 16, 2020. Those filings were considered by 21 the undersigned. 22 This court reviews de novo those portions of the proposed findings of fact to which 23 objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore 24 Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As 25 to any portion of the proposed findings of fact to which no objection has been made, the court 26 assumes its correctness and decides the motions on the applicable law. See Orand v. United 27 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 28 reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). 1 The court has reviewed the applicable legal standards and, good cause appearing, 2 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 3 Accordingly, IT IS ORDERED that: 4 1. The Proposed Findings and Recommendations filed March 3, 2020, are ADOPTED; 5 2. Plaintiff’s motion for attorney’s fees (ECF No. 24) is granted; 6 3. Plaintiff is awarded attorney’s fees under the EAJA in the amount of $10,329.87, plus 7 $400.00 for costs, for a total award of $10,729.87; and 8 4. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), any payment shall be made payable 9 to plaintiff and delivered to plaintiff’s counsel, unless plaintiff does not owe a federal debt. If the 10 United States Department of the Treasury determines that plaintiff does not owe a federal debt, 11 the government shall accept plaintiff’s assignment of EAJA fees and pay fees directly to 12 plaintiff’s counsel. 13 DATED: May 5, 2020 14 /s/ John A. Mendez____________ _____ 15 16 UNITED STATES DISTRICT COURT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28