Carter v. Commissioner of Social Security

Filing 36

ORDER signed by Magistrate Judge Gregory G. Hollows on 02/27/12 ORDERING that plaintiff's 33 Motion for Attorney Fees is GRANTED; plaintiff is awarded $3,475.33 in attorney's fees; said fees shall be made payable to plaintiff's counsel. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STELLA CARTER,

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Plaintiff,

No. CIV S-10-1949 GGH (TEMP)

vs.
MICHAEL J. ASTRUE,
Commissioner of
Social Security,

ORDER

Defendant.
__________________________________/
Pending before the court is plaintiff’s application for an award of attorney’s fees

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under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1). Plaintiff seeks attorney’s

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fees for 1.8 hours at $174.64/hour for work done in 2010 and for 18.1 hours at the same rate for

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work performed in 2011, for a total amount of $3,475.33. The Commissioner has filed a

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statement of non-opposition in which the amount requested is not contested. In addition, the

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Commissioner has no objection to payment of the fees being made directly to plaintiff’s counsel.

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The EAJA provides that the prevailing party in a civil action against the United

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States may apply for an order for attorneys’ fees and expenses within thirty days of final

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judgment in the action. An applicant for Social Security benefits receiving a remand under

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sentence four of 42 U.S.C. § 405(g) is a prevailing party, regardless of whether the applicant later
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succeeds in obtaining the requested benefits. Shalala v. Schaefer, 509 U.S. 292 (1993). In this

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case, the matter was voluntarily remanded under sentence four pursuant to the stipulation of the

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parties and order of the court. See Order filed September 15, 2011. Plaintiff thus is entitled to an

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award of fees under the EAJA. The court must allow the fee award unless it finds that the

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position of the United States was substantially justified. Flores v. Shalala, 49 F.3d 562, 568-69

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(9th Cir. 1995).

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Having no opposition from the Commissioner on the issue of substantial

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justification and no objection to the amount requested, the court finds that the requested fees are

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reasonable and that plaintiff is entitled to the amount requested. In light of the Commissioner’s

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agreement to pay the fee directly to plaintiff’s counsel, the court shall so order payment.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s December 14, 2011

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request for EAJA fees is granted. Plaintiff is awarded $3,475.33 in attorney’s fees. Said fees

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shall be made payable to plaintiff’s counsel.

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Dated: February 27, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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JMM
carter.fee.temp

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