(SS) Lopez 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 LARRY STEVEN LOPEZ, Case No. 1:21-cv-360-DAD-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 COMMISSIONER OF SOCIAL SECURITY, (Doc. No. 17) 15 Defendant. RESCINDING UNAUTHORIZED ORDER1 16 (Doc. No. 14) 17 18 19 20 Pending before the Court is Plaintiff’s stipulated motion for attorney’s fees filed 21 September 28, 2021. (Doc. No. 17). Plaintiff seeks attorney’s fees in the amount of $448.85 22 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.). 23 On September 27, 2021, the district court granted the parties’ Stipulation for Voluntary 24 Remand pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to 25 the Commissioner for further administrative proceedings. (Doc. No. 15). The Clerk entered 26 1 The undersigned rescinds her unauthorized September 24, 2021 order (Doc. No. 14) approving the 27 parties’ stipulated remand as the parties had not consented to the undersigned. 28 U.S.C. § 636(c)(1). On September 27, 2021 the district court entered an order giving effect to the parties’ stipulation for which 28 judgment was entered. (Doc. Nos. 14, 15). 1 | judgment in favor of Plaintiff on that same day. (Doc. No. 16). Accordingly, as the prevailing 2 | party, Plaintiff now requests an award of fees. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. 3 | P.54(d)(1); see 28 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) 4 | (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a 5 | prevailing party). 6 The Commissioner does not oppose the requested relief. (See Doc. No. 17 at 1). After 7 | issuance of an order awarding EAJA fees and costs, however, the United States Department of the 8 | Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no 9 | discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay 10 | the fees directly to Plaintiff's counsel. 11 Accordingly, it is ORDERED: 12 1. Plaintiffs stipulated motion for attorney’s fees (Doc. No. 17) is GRANTED. 13 2. Plaintiff is awarded fees in the amount of $448.85 (four hundred forty-eight dollars and 14 || eighty-five cents). Unless the Department of Treasury determines that Plaintiff owes a federal 15 || debt, the government must pay the fees to Plaintiff's counsel in accordance with Plaintiff's 16 | assignment of fees and subject to the terms of the stipulated motion. 17 18 Dated: _ September 30, 2021 oe Zh. Sareh Zackte 19 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28