Hase v. Commissioner of Social Security

Filing 25

ORDER signed by Magistrate Judge Kendall J. Newman on 6/29/18 granting 22 Motion for Attorney Fees. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARVEL SCOTT HASE, 12 13 14 15 16 No. 2:16-cv-2522-KJN Plaintiff, v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant. 17 18 On February 13, 2018, the court reversed the final decision of the Commissioner and 19 remanded the action for further administrative proceedings. (ECF No. 20.) Thereafter, on May 20 12, 2018, plaintiff filed a motion for attorney fees pursuant to the Equal Access to Justice Act 21 (“EAJA”). (ECF No. 22.) Plaintiff requests an award of $5,504.98 for 22.50 hours of work on 22 the case in federal district court. (Id.) 23 24 Subsequently, on June 27, 2018, the Commissioner filed a statement of non-opposition to plaintiff’s motion. (ECF No. 24.) 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Plaintiff’s motion for an award of EAJA fees (ECF No. 22) is GRANTED. 27 28 1 1 2. Plaintiff is awarded $5,504.98 in attorney fees under the EAJA.1 2 IT IS SO ORDERED. 3 Dated: June 29, 2018 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It is unclear from plaintiff’s motion whether plaintiff had executed an assignment of EAJA fees to plaintiff’s counsel. In the event that such an assignment was executed, 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 to be made directly to counsel. See Astrue v. Ratliff, 560 U.S. 586, 598 (2010). 2 1

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