de Leon Buera v. Commissioner of Social Security

Filing 49

ORDER for the Award of Attorneys' Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d) re 47 signed by Magistrate Judge Gary S. Austin on 9/16/2011. (Bradley, A)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT FOR 6 THE EASTERN DISTRICT OF CALIFORNIA 7 FRESNO DIVISION 8 9 10 11 12 13 14 15 16 EDNA de LEON BUERA, ) ) Plaintiff, ) ) v. ) ) MICHAEL J. ASTRUE, ) Commissioner of Social Security, ) ) Defendant. ) _________________________________) CIVIL NO. 1:07-cv-1051-GSA ORDER FOR THE AWARD OF ATTORNEYS’ FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) (Doc. 47) 17 18 Plaintiff, Edna de Leon Buera filed a petition for attorney fees under the Equal Access to 19 Justice Act (EAJA), 28 U.S.C. § 2412(b)(2)(B) on August 24, 2011. (Doc. 47). Defendant has 20 not filed any opposition to the request. 21 22 23 In the absence of any opposition by the Commissioner of Social Security, the Court has considered the application and finds: (1) Plaintiff is a prevailing party; (2) Plaintiff meets the net worth requirements of 28 U.S.C § 2412(b)(2)(B); (3) the “position of the United States” was not 24 25 26 substantially justified; 4) there are no “special circumstances” that make an award unjust under Title 28 § 2412(d)(1)(A); (5) the requested hourly rate is appropriate; and (6) the hours claimed 27 by Plaintiff’s attorneys reasonably were expended. 28 THEREFORE, IT IS HEREBY ORDERED, that Plaintiff is awarded attorneys fees 1 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the amount of four 2 thousand one hundred forty-eight dollars and ninety two cents ($4,178.92). This amount was 3 4 calculated by multiplying the number of billable hours (23.7) by the attorney hourly rate of $175.06 which this Court finds is reasonable ($175.06 x 23.7 = $4,148.92). 5 6 7 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees 8 and expenses to be made directly to Sengthiene Bosavanh, pursuant to the assignment executed 9 by Plaintiff. Any payments made shall be delivered to Plaintiff’s counsel, Sengthiene Bosavanh. 10 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 11 Act attorney fees under 42 U.S.C. § 406, subject to the provisions of the EAJA. 12 13 IT IS SO ORDERED. 14 Dated: 15 6i0kij 16 17 18 19 20 21 22 23 24 25 26 27 28 September 16, 2011 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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