(SS)Alvarado v. Commissioner of Social Security

Filing 28

ORDER GRANTING AWARD AND PAYMENT OF ATTORNEYS FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT, signed by Magistrate Judge Helena M. Barch-Kuchta on 6/3/2024. (Apodaca, P)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELISEO ALVARADO,

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Plaintiff,

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v.
MARTIN O’MALLEY,
COMMISSIONER OF SOCIAL
SECURITY,

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Case No. 1:22-cv-01198-HBK
ORDER GRANTING AWARD AND
PAYMENT OF ATTORNEYS FEES UNDER
THE EQUAL ACCESS TO JUSTICE ACT1
(Doc. No. 25)

Defendant.

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Pending before the Court is Plaintiff’s motion for attorney fees filed on May 8, 2024.

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(Doc. No. 25). Plaintiff requests an award attorney’s fees and expenses to Plaintiff’s attorney,

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Jonathan O. Peña of Peña & Bromberg, PLC, in the amount of $7,547.32 in attorney fees and

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expenses, pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.).
On February 8, 2024, this Court granted Plaintiff’s Motion for Summary Judgment and

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remanded the case pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for

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further administrative proceedings. (Doc. No. 23). Judgment was entered the same day. (Doc.

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No. 24). Plaintiff now requests an award of fees as the prevailing party. See 28 U.S.C. § 2412(a)

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& (d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S.

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Both parties have consented to the jurisdiction of a magistrate judge in accordance with 28 U.S.C.
§636(c)(1). (Doc. No. 22).

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292, 300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42

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U.S.C. § 405(g) is a prevailing party). The Commissioner filed no opposition to the requested

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relief, and the deadline for doing so has passed. (See docket).

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The EAJA provides for an award of attorney fees to private litigants who both prevail in

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civil actions (other than tort) against the United States and timely file a petition for fees. 28

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U.S.C. § 2412(d)(1)(A). Under the Act, a court shall award attorney fees to the prevailing party

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unless it finds the government’s position was “substantially justified or that special circumstances

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make such an award unjust.” Id. Here, the government did not show its position was

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substantially justified and the Court finds there are not special circumstances that would make an

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award unjust.

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Plaintiff requests an award of $7,547.32 in EAJA fees for 31.2 hours of attorney time.

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(Doc. No. 25-1). The Court finds an award of $7,547.32 in attorney fees and expenses is

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appropriate. EAJA fees, expenses, and costs are subject to any offsets allowed under the

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Treasury Offset Program (“TOP”), as discussed in Astrue v. Ratliff, 532 U.S. 1192 (2010). If the

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Commissioner determines upon effectuation of this Order that Plaintiff’s EAJA fees are not

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subject to any offset allowed under the TOP, the fees shall be delivered or otherwise transmitted

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to Plaintiff’s counsel.

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Accordingly, it is ORDERED:

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1. Plaintiff’s motion for attorney fees and expenses (Doc. No. 25) is GRANTED.

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2. The Commissioner is directed to pay to Plaintiff as the prevailing party EAJA fees in

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the amount of $7,547.32 in attorney fees and expenses. Unless the Department of Treasury

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determines that Plaintiff owes a federal debt, the government shall make payment of the EAJA

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fees to Plaintiff’s counsel, Jonathan O. Peña of Peña & Bromberg, PLC, in accordance with

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Plaintiff’s assignment of fees.

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Dated:

June 3, 2024
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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