1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 23CV2108-BLM 11 JULIO CESAR MAYA,

12 Plaintiff, ORDER GRANTING JOINT MOTION FOR THE AWARD AND PAYMENT OF 13 v. FEES AND EXPENSES PURUSANT TO THE EQUAL ACCESS TO JUSTICE ACT, 14 MARTIN O’MALLEY, COMMISSIONER OF

(d) AND COSTS SOCIAL SECURITY, 15 PURSUANT TO

Defendant. 16 [ECF No. 22] 17 18 On November 16, 2023, Plaintiff filed a complaint in this matter seeking judicial review 19 of the denial of his application for a period of disability and disability insurance benefits. ECF 20 No. 1 at 2. 21 On May 2, 2024, the parties filed a Joint Motion for Voluntary Remand Pursuant To 22 Sentence Four Of

(g). ECF No. 19. On May 2, 2024, the Court granted the 23 parties’ Joint Motion for Voluntary Remand. ECF No. 20. 24 On June 6, 2024, the parties filed a Joint Motion for the Award Of Attorney Fees And 25 Expenses Pursuant To The Equal Access To Justice Act,

(d) And Costs Pursuant 26 to

. ECF No. 22. 27 The EAJA allows a prevailing party to seek attorney’s fees from the United States within 1 || thirty days of final judgment.

(d). “A sentence four remand becomes a final 2 ||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 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. P. 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 in the total amount of $7,400.00 as authorized by

and costs in the amount 13 || of $402.00 as authorized by

, subject to the terms of the parties’ joint motion 14 || [see ECF No. 22]. Fees will be made payable to Julio Cesar Maya, but if the Department of the 15 || Treasury determines that Julio Cesar Maya does not owe a federal debt, then the government 16 || will cause the payment of fees, expenses, and costs to be made directly to Law Offices of 17 || Lawrence D. Rohlfing, Inc., CPC. Any payments will be delivered to Denise Bourgeois Haley. 18 IT IS SO ORDERED. 19 ||Dated: 6/7/2024 lobe Mager 20 Hon. Barbara L. Major United States Maqistrate Judde

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