(SS) Garcia v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA NORMA ALICIA GARCIA, Case No. 1:20-cv-1746-HBK 12 Plaintiff, ORDER GRANTING PLAINTIFF’S STIPULATED MOTION FOR ATTORNEY'S 13 v. FEES AND COSTS UNDER THE EQUAL ACCESS TO JUSTICE ACT COMMISSIONER OF SOCIAL SECURITY, (Doc. No. 19) Defendant.

17 Pending before the court is Plaintiff’s stipulated motion for attorney fees, filed September 9, 2021. (Doc. No. 19). Plaintiff seeks attorney’s fees in the amount of $457.70 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.).

20 On August 3, 2021, this 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. 16). The Clerk entered judgment in favor of Plaintiff on that same day. (Doc. No. 17). Accordingly, as the prevailing party, Plaintiff now requests an award of fees. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. 25 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).

28 The Commissioner does not oppose the requested relief. (See Doc. No. 19 at 1). After | issuance of an order awarding EAJA fees and costs, however, 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 Plaintiffs assignment of EAJA fees and pay | the fees directly to Plaintiffs counsel.

5 Accordingly, it is ORDERED: 6 1. Plaintiffs stipulated motion for attorney’s fees (Doc. No. 19) is GRANTED.

7 2. Plaintiff is awarded fees in the amount of $457.70 (four hundred fifty-seven dollars and || seventy cents). 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.

12 Dated: _ September 29, 2021 Mila Zh. foareh Zack 13 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE