(SS) Lee 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 CHUE LEE, Case No. 1:20-cv-001142-HBK 12 Plaintiff, ORDER GRANTNG AWARD AND PAYMENT OF ATTORNEYS FEES UNDER 13 v. THE EQUAL ACCESS TO JUSTICE ACT 14 COMMISSIONER OF SOCIAL (Doc. No. 23) SECURITY, 15 Defendant. 16 17 Pending before the Court is Plaintiff’s motion for attorney fees filed September 7, 2021. 18 (Doc. No. 23). Plaintiff seeks attorney’s fees in the amount of $945.73 under the Equal Access to 19 Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.). 20 On July 12, 2021, this Court granted the parties’ Stipulation for Voluntary Remand 21 pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the 22 Commissioner for further administrative 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. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 25 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who 26 wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party). 27 The Commissioner stipulates to the requested relief. (Doc. No. 23). After issuance of an 28 order awarding EAJA fees and costs, however, the United States Department of the Treasury will 1 | determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable federal 2 | debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees directly to 3 | Plaintiff's counsel. 4 Accordingly, it is ORDERED: 5 1. Plaintiff's motion for attorney’s fees (Doc. No. 23) is GRANTED. 6 2. Plaintiff is awarded fees in the amount of $945.73 (nine hundred forty-five dollars and 7 | seventy-three cents). Unless the Department of Treasury determines Plaintiff owes a federal debt, 8 | the government must pay the fees to Plaintiff's counsel in accordance with Plaintiff's assignment 9 | of fees and subject to the terms of the stipulated motion. 10 | Dated: _ September 7, 2021 Wile. Th fareh Zack 12 HELENA M. BARCH-KUCHTA 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28