(SS) Strope 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 SARAH MARIE STROPE, Case No. 1:20-cv-01222-HBK 12 Plaintiff, ORDER GRANTING AWARD AND PAYMENT OF ATTORNEYS FEES UNDER 13 v. THE EQUAL ACCESS TO JUSTICE ACT 14 COMMISSIONER OF SOCIAL (Doc. No. 22) SECURITY, 15 Defendant. 16 17 Pending before the court is the parties’ stipulated motion for attorney fees filed on May 18 18, 2022. (Doc. No. 22). The parties agree to an award attorney’s fees and expenses to Plaintiff’s 19 attorney, Melissa Newel, in the amount of $9,131.26 pursuant to the Equal Access to Justice Act 20 (“EAJA”), 28 U.S.C. § 2412. (Id. at 2). 21 On March 7, 2022, this Court entered an order reversing the Commissioner’s decision and 22 remanding the case for further administrative proceedings. (Doc. No. 20 at 1-11). Judgment was 23 entered the same day. (Doc. No. 21). Plaintiff now requests an award of fees as the prevailing 24 party under that order. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 25 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who 26 wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party). 27 The Commissioner does not oppose the requested relief. (Doc. No. 22 at 2). After 28 issuance of an order awarding EAJA fees and costs, the United States Department of the Treasury 1 | will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable 2 | federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees 3 | directly to Plaintiff's counsel. 4 Accordingly, it is ORDERED: 5 1. Plaintiff's stipulated motion for attorney fees and expenses (Doc. No. 22) is 6 | GRANTED. 7 2. Plaintiff is awarded fees in the amount of $9,131.26 (nine thousand one hundred thirty- 8 | one dollars and twenty-six cents) in attorney fees and expenses. Unless the Department of 9 | Treasury determines that Plaintiff owes a federal debt, the government shall make payment of the 10 | fees to Plaintiffs counsel, Melissa Newel, in accordance with Plaintiffs assignment of fees and 11 || subject to the terms of the stipulated motion. 12 'S | Dated: _ May 23, 2022 Mile. Wh. foareh Zaskth 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28