(SS) Calhoun v. Commissioner of Social Security
Filing
21
ORDER GRANTNG 20 MOTION FOR AWARD AND PAYMENT OF ATTORNEYS FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, signed by Magistrate Judge Helena M. Barch-Kuchta on 7/15/2021. (Apodaca, P)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
JASON E. CALHOUN,
12
13
14
15
16
No. 1:20-cv-00861-HBK
Plaintiff.
ORDER GRANTNG AWARD AND
PAYMENT OF ATTORNEYS FEES UNDER
THE EQUAL ACCESS TO JUSTICE ACT
v.
COMMISSIONER OF
SOCIAL SECURITY,
(Doc. No. 20)
Defendant.
17
18
19
Pending before the court is Plaintiff’s stipulated motion for attorney fees filed July 14,
20
2021. (Doc. No. 20). Plaintiff seeks attorney’s fees and expenses in the amount of $2,000.00
21
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.).
22
On June 17, 2021, this Court approved the parties’ Stipulation for Voluntary Remand
23
pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the
24
Commissioner for further administrative proceedings. (Doc. No. 18). Judgment was entered the
25
same day. (Doc. no. 19). Plaintiff now requests an award of fees as the prevailing party under
26
that Order. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 U.S.C. § 1920;
27
cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a
28
sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party).
1
The Commissioner has stipulated to the fee award. (See Doc. No. 20 at 3). After issuance
2
of an order awarding EAJA fees and costs, the United States Department of the Treasury will
3
determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable federal
4
debt, the government will accept Plaintiff’s assignment of EAJA fees and pay the fees directly to
5
Plaintiff’s counsel.
6
Accordingly, it is ORDERED:
7
1. Plaintiff’s stipulated motion for attorney fees and expenses (Doc. No. 20) is
8
GRANTED.
9
2. Plaintiff is awarded two thousand dollars ($2,000.00) in attorney fees and expenses.
10
Unless the Department of Treasury determines that Plaintiff owes a federal debt, the government
11
must pay the fees to Plaintiff’s counsel in accordance with Plaintiff’s assignment of fees and
12
subject to the terms of the stipulated motion.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Dated:
July 15, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?