1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 22cv1228-BLM 11 DONNA EDWINS,

12 Plaintiff, ORDER GRANTING JOINT MOTION FOR THE AWARD AND PAYMENT OF 13 v. ATTORNEY’S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 14 KILOLO KIJAKAZI, Acting Commissioner of U.S.C. § 2412(d) Social Security, 15 Defendant. [ECF NO. 20] 16

17 On August 20, 2022, Plaintiff filed a complaint in this matter seeking judicial review of 18 the denial of her application for “Social Security Disability Insurance benefits for lack of 19 disability.” ECF No. 1. 20 On May 10, 2023, the Court issued an Order Granting Plaintiff’s Merits Brief and 21 Remanding for Further Proceedings. ECF No. 18. 22 On June 8, 2023, the parties filed a Joint Motion for Award Of Attorney’s Fees Pursuant 23 To The Equal Access To Justice Act (28 U.S.C. 2412(d)). ECF No. 20. 24 The EAJA allows a prevailing party to seek attorney’s fees from the United States within 25 thirty days of final judgment.

(d). “A sentence four remand becomes a final 26 judgment, for purposes of attorneys’ fees claims brought pursuant to the EAJA,

2412(d), upon expiration of the time for appeal.” Akopyan v. Barnhart,

(9th 1 |/Cir. 2002). If one of the parties is the United States, either party may file a notice of appeal 2 || within sixty days of the order appealed from. See Fed. R. App. 4(a)(1)(B). “A plaintiff who 3 || obtains a sentence four remand is considered a prevailing party for attorneys’ fees.” Akopyan, 4 ||

. Plaintiff is the prevailing party in this action for purposes of attorney’s fees, 5 || the parties’ joint motion is timely, and the Court finds the stipulated amount of fees and expenses 6 || reasonable. 7 Having considered the joint motion and finding the stipulated amount of fees and 8 expenses reasonable, the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s 9 || fees in the total amount of $7,500.00 as authorized by

and costs in the amount 10 || of $402.00 as authorized by

, subject to the terms of the parties’ joint motion 11 ECF No. 20]. Fees will be made payable to Donna Edwins, but if the Department of the 12 || Treasury determines that Donna Edwins does not owe a federal debt, then the government will 13 || cause the payment of fees, expenses, and costs to be made directly to Martha Yancey, Yancey 14 || Law, PC, 1902 Wright Pl. 2nd Floor, Carlsbad, CA 92008, pursuant to the assignment executed 15 ||by Donna Edwins [see ECF No. 20-1]. Any payments will be delivered to Martha Yancey. 16 IT IS SO ORDERED. 17 18 Dated: 6/12/2023 lobe Mager 19 Hon. Barbara L. Major United States Maqistrate Judde 20 21 22 23 24 25 26 27 28