(SS) Marshall 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 CRYSTAL MARSHALL, Case No. 1:21-cv-00582-HBK 12 Plaintiff, ORDER GRANTING AWARD AND PAYMENT OF ATTORNEYS FEES UNDER 13 v. THE EQUAL ACCESS TO JUSTICE ACT 14 KILOLO KIJAKAZI, ACTING (Doc. No. 18) COMMISSIONER OF SOCIAL 15 SECURITY, 16 Defendant. 17 18 Pending before the court is the parties’ stipulated motion for attorney fees filed on May 4, 19 2022. (Doc. No. 18). The parties agree to an award attorney’s fees and expenses to Plaintiff’s 20 attorney, Melissa Newel, in the amount of $7,385.48 pursuant to the Equal Access to Justice Act 21 (“EAJA”), 28 U.S.C. § 2412. (Id.). 22 On April 25, 2022, this Court granted the parties’ Stipulated Motion for Voluntary 23 Remand pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to 24 the Commissioner for further administrative proceedings. (Doc. No. 16). Judgment was entered 25 the same day. (Doc. No. 17). Plaintiff now requests an award of fees as the prevailing party 26 under that order. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 U.S.C. § 27 1920; 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). ] The Commissioner does not oppose the requested relief. (Doc. No. 18 at 2). After 2 || issuance of an order awarding EAJA fees and costs, the United States Department of the Treasury 3 || will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable 4 || federal debt, the government will accept Plaintiff's 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. 18) is 8 | GRANTED. 9 2. Plaintiff is awarded fees in the amount of $7,385.48 (seven thousand three hundred 10 || eighty-five dollars and forty-eight cents) in attorney fees and expenses. Unless the Department of 11 || Treasury determines that Plaintiff owes a federal debt, the government shall make payment of the 12 | fees to Plaintiffs counsel, Melissa Newel, in accordance with Plaintiffs assignment of fees and 13 || subject to the terms of the stipulated motion. 14 ' | Dated: _ May 5, 2022 Wiha. Mh. Bareh Zaskth 16 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28