(SS) Hermelinda Gonzalez v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

HERMELINDA GONZALEZ, No. 1:20CV1244-DAD-HBK (SS)

Plaintiff, ORDER GRANTING STIPULATED v. MOTION FOR AWARD AND

PAYMENT OF ATTORNEY FEES AND

ANDREW SAUL, EXPENSES

Defendant. (Doc. No. 21)

Pending before the court is Plaintiff’s stipulated motion for attorney fees filed May 24, 2021. (Doc. No. 21). Plaintiff seeks attorney’s fees and expenses in the amount of $5,121.77 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.).

On May 13, 2021, the district court granted the parties’ Stipulation for Voluntary Remand pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the Commissioner for further administrative proceedings. (Doc. No. 19). Judgment was entered the same day. (Doc. Bo. 20). Plaintiff now moves for an award of fees as the prevailing party 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. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party).

The Commissioner does not oppose the requested relief. (See Doc. No. 21 at 2). After issuance of an order awarding EAJA fees and costs, the United States Department of the Treasury will determine whether plaintiff owes a debt to the government. If plaintiff has no discernable federal debt, the government will accept plaintiff's assignment of EAJA fees and pay the fees directly to plaintiff's counsel.

Accordingly, it is ORDERED:

1. The stipulated motion for attorney fees and expenses (Doc. No. 21) is GRANTED. 2. Plaintiff is awarded fees in the amount of five thousand one hundred twenty-one dollars and seventy-seven cents ($5,121.77) in attorney fees and expenses. Unless the Department of Treasury determines that plaintiff owes a federal debt, the government must pay the fees to plaintiff's counsel in accordance with plaintiff's assignment of fees and subject to the terms of the stipulated motion.

SO ORDERED.

Dated: _ May 25, 2021 Mile. Wh fareh Zaskth HELENA M. BARCH-KUCHTA

UNITED STATES MAGISTRATE JUDGE