(SS) Webster v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNA LEE WEBSTER, Case No. 1:20-cv-00986-HBK 12 Plaintiff, ORDER GRANTING MOTION TO CORRECT COURT ORDER AND 13 v. AMENDED ORDER AWARDING ATTORNEY FEES UNDER THE EQUAL 14 COMMISSIONER OF SOCIAL ACCESS TO JUSTICE ACT SECURITY, 15 (Doc. No. 21) Defendant. 16 17 Pending before the Court is Plaintiff’s unopposed motion to correct the Court’s February 18 24, 2022 Order granting an award and payment of attorneys’ fees under the Equal Access to 19 Justice Act. (Doc. No. 21). It its February 24, 2022 Order, the Court incorrectly combined the 20 $3500.00 for attorney fees and $400.00 for reimbursement of the filing fee, approving a total of 21 $3900.00 in attorney fees and expenses under the EAJA. (Doc. No. 20). Plaintiff should have 22 been awarded $3500.00 in attorney fees and $400.00 for reimbursement of the filing fee. 23 Accordingly, it is ORDERED: 24 1. Plaintiff’s unopposed motion for leave to correct the Court’s February 24, 2022 Order 25 (Doc. No. 21) is GRANTED. 26 2. Plaintiff’s Counsel’s Petition for Attorney Fees Under the Equal Access to Justice Act 27 (Docket No. 19) is GRANTED and Plaintiff is awarded $3,500.00 in attorney’s fees and $400.00 28 1 | for reimbursement of the filing fee, to be paid from the Judgment fund according to 28 U.S.C. 2 | $1920. Astrue vs. Ratliff, 130 S. Ct. 2521, 2524 (2010), directs that the check should be made 3 | payable to Plaintiff and mailed to Plaintiff's Counsel. 4 ° Dated: _ November 8, 2022 Coo. Zh. Bareh Hack 6 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28