1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 23CV1040-BLM 11 CHRISTINE JULIA TAYLOR,

12 Plaintiff, ORDER GRANTING JOINT MOTION FOR THE AWARD AND PAYMENT OF 13 v. ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 14 KILOLO KIJAKAZI, ACTING COMMISSIONER JUSTICE ACT OF SOCIAL SECURITY, 15 Defendant. [ECF NO. 12] 16

17 On June 5, 2023, Plaintiff filed a complaint in this matter seeking judicial review of the 18 denial of “[P]laintiff’s application for Social Security Disability Insurance and Supplemental 19 Security Income benefits for lack of disability.” ECF No. 1 at 1. 20 On July 31, 2023, the Court issued an Order Granting Parties’ Joint Motion for Voluntary 21 Remand Pursuant to Sentence Four of

(g). ECF No. 10. 22 On October 27, 2023, the parties filed a Joint Motion for the Award and Payment of 23 Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act. ECF No. 12. 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 28 1 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 F.3d at 854. 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 and expenses in the total amount of $776.32 as authorized by

and costs 10 the total amount of $402.00 under

, subject to the terms of the parties’ joint 11 ||motion [see ECF No. 12]. Fees will be made payable to Christine Julia Taylor, but if the 12 || Department of the Treasury determines that Christine Julia Taylor does not owe a federal debt, 13 || then the government will cause the payment of fees, expenses, and costs to be made directly 14 || to Plaintiff's counsel, Jonathan O. Pena, Pena & Bromberg, PLC, 2440 Tulare St., Ste. 320 Fresno, 15 || CA 93721, pursuant to the assignment executed by Christine Julia Taylor.* 16 IT IS SO ORDERED. 17 Dated: 10/30/2023 lxirbee Mager 18 Hon. Barbara L. ajor .

19 United States Maaistrate Judae

20 21 22 23 24 25 26], ©. 27 ||! Plaintiffs counsel states that Plaintiff executed an assignment, however, Plaintiff's counsel failed to include of copy of the assignment with the instant motion. ECF No. 12 at 2; see also 28 |! Docket.