Ha v. Commissioner of Social Security

Filing 56

ORDER Denying 51 Motion for Fees. Signed by Judge Larry Alan Burns on 7/19/2017. (lrf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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THO VAN HA,

CASE NO. 13cv1211-LAB (BLM)
Plaintiff,

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vs.

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ORDER DENYING MOTION FOR FEES

COMMISSIONER OF SOCIAL
SECURITY,
Defendants.

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When “the district court remands under sentence six, the claimant cannot apply for

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fees until the completion of post-remand proceedings.” Flores v. Shalala, 49 F.3d 562, 568

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(9th Cir. 1995); Neuhauser v. Colvin, 2015 WL 5081132, at *3 (W.D. Wash. 2015) (“a

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claimant who obtains a sentence six remand does not become a prevailing party until the

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claimant is awarded benefits on remand”). The Ninth Circuit ordered the Court to remand

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the case “pursuant to sentence six of 42 U.S.C. § 405(g).” 1 Therefore, Tho Van Ha’s motion

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for fees is DENIED.
IT IS SO ORDERED.

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Dated: July 19, 2017

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HONORABLE LARRY ALAN BURNS
United States District Judge

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Dkt. 49.
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