Parker v. Saul

Filing 29

Order Granting 28 Joint Motion for the Award and Payment of Attorney Fees and Expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) and Costs pursuant to 28 U.S.C. § 1920. Signed by Magistrate Judge Barbara Lynn Major on 11/17/2022. (exs) (anh).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 20cv2530-BLM

SHARLENE CHIQUITA PARKER,

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v.

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ANDREW SAUL, Commissioner of Social
Security,

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ORDER GRANTING JOINT MOTION
FOR THE AWARD AND PAYMENT OF
ATTORNEY FEES AND EXPENSES
PURSUANT TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d) AND
COSTS PURSUANT TO 28 U.S.C. § 1920

Plaintiff,

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Defendant.

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[ECF NO. 28]

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On December 30, 2020, Plaintiff filed a complaint in this matter seeking judicial review of

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the denial of her “concurrent applications for disability insurance benefits and supplemental

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security income.” ECF No. 1.

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On September 30, 2022, the Court issued an Order Granting Plaintiff’s Motion for
Summary Judgment and Remanding. ECF No. 27.

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On November 16, 2022, the parties filed a Joint Motion for the Award and Payment of

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Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)

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and Costs Pursuant to 28 U.S.C. § 1920. ECF No. 28.

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The EAJA allows a prevailing party to seek attorney’s fees from the United States within

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thirty days of final judgment. 28 U.S.C. § 2412(d). “A sentence four remand becomes a final

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judgment, for purposes of attorneys’ fees claims brought pursuant to the EAJA, 28 U.S.C. §

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2412(d), upon expiration of the time for appeal.” Akopyan v. Barnhart, 296 F.3d 852, 854 (9th
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20cv2530-BLM

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Cir. 2002). If one of the parties is the United States, either party may file a notice of appeal

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within sixty days of the order appealed from. See Fed. R. App. 4(a)(1)(B). “A plaintiff who

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obtains a sentence four remand is considered a prevailing party for attorneys’ fees.” Akopyan,

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296 F.3d at 854. Plaintiff is the prevailing party in this action for purposes of attorney’s fees,

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the parties’ joint motion is timely, and the Court finds the stipulated amount of fees and expenses

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reasonable.

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Having considered the joint motion and finding the stipulated amount of fees and

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expenses reasonable, the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s

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fees and expenses in the total amount of $6,700.00 as authorized by 28 U.S.C. § 2412, subject

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to the terms of the parties’ joint motion [see ECF No. 28]. Fees will be made payable to Sharlene

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Chiquita Parker, but if the Department of the Treasury determines that Sharlene Chiquita Parker

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does not owe a federal debt, then the government will cause the payment of fees, expenses,

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and costs to be made directly to the Law Offices of Lawrence D. Rohlfing, Inc., CPC pursuant to

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the assignment executed by Sharlene Chiquita Parker [see ECF No. 28-2]. Any payments will

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be delivered to Denise Bourgeois Haley.

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IT IS SO ORDERED.
Dated: 11/17/2022

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20cv2530-BLM