(SS) Patterson 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 ANGELIE PATTERSON, Case No. 1:19-cv-01392-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. 24) 15 Defendant. 16 17 Pending before the court is plaintiff’s stipulated motion for attorney fees, filed July 27, 18 2021. (Doc. No. 24). Plaintiff seeks attorney’s fees in the amount of $6,900.00 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 May 13, 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. 22). The Clerk entered 24 judgment in favor of Plaintiff the dame day. (Doc. No. 23). Accordingly, as the prevailing party, 25 Plaintiff now requests an award of fees. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 26 54(d)(1); see 28 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding 27 that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing 28 party). 1 The Commissioner does not oppose the requested relief. (See Doc. No. 24 at 2-3). After 2 | issuance of an order awarding EAJA fees and costs, however, the United States Department of the 3 | Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no 4 | discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay 5 || the fees directly to Plaintiffs counsel. 6 Accordingly, it is ORDERED: 7 1. Plaintiff's stipulated motion for attorney’s fees (Doc. No. 24) is GRANTED. 8 2. Plaintiff is awarded fees in the amount of $6,900.00 (six thousand nine hundred 9 | dollars). Unless the Department of Treasury determines that plaintiff owes a federal debt, the 10 | government must pay the fees to Plaintiff's counsel in accordance with Plaintiffs assignment of 11 | fees and subject to the terms of the stipulated motion. 12 Dated: _ July 29, 2021 Mile. Wh. foareh Zaskth 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28