(SS) Kiser v. Commissioner of Social Security

Filing 24

ORDER signed by Magistrate Judge Jeremy D. Peterson on 11/22/24 GRANTING 23 Motion for Attorney Fees and AWARDING plaintiff $6,938.89 in attorney's fees and paralegal time. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARRIE JUANNELL KISER,

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Plaintiff,

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Case No. 2:23-cv-0091-JDP

v.

ORDER

MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

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Plaintiff moves for an award of attorney’s fees and costs under the Equal Access to Justice

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Act (EAJA), 28 U.S.C. § 2412(d)(1). ECF No. 23. Plaintiff seeks fees in the amount of

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$6,938.89 based on 25.3 hours of attorney work in 2023 of at the corresponding statutory-

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maximum rates of $244.62 and 6.0 hours of paralegal time at a rate of $125.00. ECF Nos. 23-1 at

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2.

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The EAJA provides that a prevailing party other than the United States should be awarded

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fees and other expenses incurred by that party in any civil action brought by or against the United

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States, “unless the court finds that the position of the United States was substantially justified or

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that special circumstances make an award unjust directs the court to award a reasonable fee.” 28

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U.S.C. § 2412(d)(1). In determining whether a fee is reasonable, the court considers the hours

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expended, the reasonable hourly rate, and the results obtained. See Comm’r, INS v. Jean, 496

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U.S. 154 (1990); Hensley v. Eckerhart, 461 U.S. 424 (1983); Atkins v. Apfel, 154 F.3d 986 (9th
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Cir. 1998). “[E]xcessive, redundant, or otherwise unnecessary” hours should be excluded from a

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fee award, and charges that are not properly billable to a client are not properly billable to the

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government. Hensley, 461 U.S. at 434.

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Plaintiff was the prevailing party in this action. See ECF No. 21. Furthermore, the

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government has not filed an opposition to plaintiff’s motion and therefore has failed to show that

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its position was substantially justified. See Gutierrez v. Barnhart, 274 F.3d 1255, 1258 (9th Cir.

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2001) (holding that the burden of establishing substantial justification is on the government). The

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court has independently reviewed the record and finds that both the hourly rate and hours

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expended are reasonable in light of the results obtained.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s motion for attorney’s fees, ECF No. 23, is granted.

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2. Plaintiff is awarded attorney’s fees and paralegal time under the EAJA in the amount

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of $6,938.89.

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3. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), any payment shall be made payable

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to plaintiff and delivered to plaintiff’s counsel, unless plaintiff does not owe a federal debt. If the

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United States Department of the Treasury determines that plaintiff does not owe a federal debt,

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the government shall accept plaintiff’s assignment of EAJA fees and pay fees directly to

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plaintiff’s counsel.

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IT IS SO ORDERED.

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Dated:

November 22, 2024

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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