(SS) Billingsley 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 WANDA BILLINGSLEY o/b/o K.B., Case No. 1:20-cv-00508-DAD-HBK a minor, 12 ORDER GRANTING PLAINTIFF’S Plaintiff, STIPULATED MOTION FOR ATTORNEY'S 13 FEES AND COSTS UNDER THE EQUAL v. ACCESS TO JUSTICE ACT 14 COMMMISSIONER OF SOCIAL (Doc. No. 22) 15 SECURITY, 16 Defendant. 17 18 19 Pending before the court is Plaintiff’s stipulated motion for attorney fees filed September 20 16, 2021. (Doc. No. 22). Plaintiff seeks attorney’s fees in the amount of $3396.59 under the 21 Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.). Plaintiff is not seeking 22 reimbursement for costs. (Id. at 2). 23 On July 20, 2021, this Court granted the parties’ Stipulation for Voluntary Remand 24 pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the 25 Commissioner for further administrative proceedings. (Doc. No. 20). The Clerk entered 26 judgment in favor of Plaintiff the same day. (Doc. No. 21). Accordingly, as the prevailing party, 27 Plaintiff now requests an award of fees. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 28 54(d)(1); see 28 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding 1 | that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing 2 | party). 3 The Commissioner does not oppose the requested relief. (See Doc. No. 22 at 1-3). After 4 | issuance of an order awarding EAJA fees and costs, however, the United States Department of the 5 | Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no 6 | discernable federal debt, the government will accept Plaintiffs assignment of EAJA fees and pay 7 | the fees directly to Plaintiffs counsel. 8 Accordingly, it is ORDERED: 9 1. Plaintiffs stipulated motion for attorney’s fees (Doc. No. 22) is GRANTED. 10 2. Plaintiff is awarded fees in the amount of $3396.59 (three thousand three hundred 11 | ninety-six dollars and fifty-nine cents). Unless the Department of Treasury determines that 12 | Plaintiff owes a federal debt, the government must pay the fees to Plaintiff's counsel in 13 |} accordance with Plaintiff's assignment of fees and subject to the terms of the stipulated motion. 14 | Dated: _ September 20, 2021 Mihaw. Wh. foareh Zaskth 16 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28