1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 Case No.: 21-cv-0092-BLM 13 SIGRID ANDREA FRENCH, 14 Plaintiff, ORDER GRANTING JOINT MOTION FOR THE AWARD AND PAYMENT OF 15 v. ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 16 KILOLO KIJAKAZI, Acting Commissioner of JUSTICE ACT, 28 U.S.C. § 2412(d) AND Social Security, 17 COSTS PURSUANT TO 28 U.S.C. § 1920 Defendant. 18 [ECF NO. 19] 19 20 On January 15, 2021, Plaintiff filed a complaint in this matter seeking judicial review of 21 the denial of her application “for disability insurance benefits.” ECF No. 1. 22 On August 15, 2022, the Court issued an Order Granting Plaintiff’s Motion for Summary 23 Judgment and Denying Defendant’s Motion for Summary Judgment. ECF No. 17. 24 On August 25, 2022, the parties filed a Joint Motion for the Award and Payment of 25 Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) 26 and Costs Pursuant to 28 U.S.C. § 1920. ECF No. 19. 27 The EAJA allows a prevailing party to seek attorney’s fees from the United States within 1 || thirty days of final judgment. 28 U.S.C. § 2412(d). “A sentence four remand becomes a final 2 ||judgment, for purposes of attorneys’ fees claims brought pursuant to the EAJA, 28 U.S.C. § 3 || 2412(d), upon expiration of the time for appeal.” Akopyan v. Barnhart, 296 F.3d 852, 854 (9th 4 2002). If one of the parties is the United States, either party may file a notice of appeal 5 || within sixty days of the order appealed from. See Fed. R. App. 4(a)(1)(B). “A plaintiff who 6 || obtains a sentence four remand is considered a prevailing party for attorneys’ fees.” Akopyan, 7 F.3d at 854. Plaintiff is the prevailing party in this action for purposes of attorney’s fees, 8 || the parties’ joint motion is timely, and the Court finds the stipulated amount of fees and expenses 9 || reasonable. 10 Having considered the joint motion and finding the stipulated amount of fees and 11 expenses reasonable, the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s 12 || fees and expenses in the total amount of $4,660.00 as authorized by 28 U.S.C. § 2412 and costs 13 the amount of $402.00 as authorized by 28 U.S.C. § 1920, subject to the terms of the parties’ 14 || joint motion [see ECF No. 19]. Fees will be made payable to Sigrid Andrea French, but if the 15 || Department of the Treasury determines that Sigrid Andrea French does not owe a federal debt, 16 || then the government will cause the payment of fees, expenses, and costs to be made directly 17 the Law Offices of Lawrence D. Rohlfing, Inc., CPC pursuant to the assignment executed by 18 || Sigrid Andrea French [see ECF No. 19-2]. Any payments will be delivered to Brian C. Shapiro. 19 IT IS SO ORDERED. 20 ||Dated: 8/29/2022 lobe Mager 71 Hon. Barbara L. Major United States Maqistrate Judde 22 23 24 25 26 27 28