(SS) Vazquez 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 MARISCELA VAZQUEZ, Case No. 1:21-cv-00026-HBK 12 Plaintiff, ORDER GRANTING AWARD AND PAYMENT OF ATTORNEY FEES UNDER 13 v. THE EQUAL ACCESS TO JUSTICE ACT 14 KILOLO KIJAKAZI, (Doc. No. 26) 15 Defendant. 16 17 Pending before the court is the parties’ stipulated motion for attorney fees filed on March 18 23, 2022. (Doc. No. 26). The parties agree to an award of attorneys’ fees and expenses to 19 Plaintiff’s attorney, Cyrus Safa of the Law Offices of Lawrence D. Rohlfing, Inc. CPC, in the 20 amount of $4,040.05 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. 21 (Id.). 22 On April 25, 2022, this Court granted the parties’ stipulated Motion for Voluntary 23 Remand pursuant to Sentence 4 of 42 U.S.C. § 405(g) and reversed and remanded the case to the 24 Commissioner for further administrative proceedings. (Doc. No. 24). Judgment was entered the 25 same day. (Doc. No. 25). Plaintiff now requests an award of fees as the prevailing party under 26 that order. See 28 U.S.C. § 2412(a)&(d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 U.S.C. § 1920; 27 cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a 28 sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party). 1 The Commissioner does not oppose the requested relief. (Doc. No. 26 at 1). After 2 | issuance of an order awarding EAJA fees and costs, the United States Department of Treasury 3 | will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable 4 | federal debt, the government will accept Plaintiffs assignment of EAJA fees and pay the fees 5 | directly to Plaintiff's counsel. 6 Accordingly, it is ORDERED: 7 1. Plaintiffs stipulated motion for attorney fees and expenses (Doc. No. 26) is 8 | GRANTED. 9 2. Plaintiff is awarded fees in the amount of $4,040.05 (four thousand forty dollars and 10 | five cents) in attorney fees and expenses. Unless the Department of Treasury determines Plaintiff 11 || owes a federal debt, the government must pay the fees to Plaintiff's counsel, Cyrus Safa of the 12 | Law Offices of Lawrence D. Rohlfing, Inc. CPC, in accordance with Plaintiff's assignment of 13 | fees and subject to the terms of the stipulated motion. 14 | Dated: _ May 5. 2022 Mile. Wh. foareh Zaskth 16 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28