Opinion
1:20-cv-01173-SAB
11-05-2021
GRISELDA MADRIGAL GARCIA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER RE STIPULATION FOR AWARD OF ATTORNEYS' FEES
(ECF No. 30)
Griselda Madrigal (“Plaintiff”) filed the complaint in this action on August 19, 2020. (ECF No. 1.) On August 6, 2021, pursuant to the parties' stipulation for remand, the Court remanded the action for further proceedings, and entered judgment in favor of Plaintiff. (ECF Nos. 25, 26, 27.) On November 3, 2021, Plaintiff filed a motion for attorneys' fees. (ECF No. 28.) On November 4, 2021, the Court ordered Defendant to file an opposition or statement of non-opposition to Plaintiff's motion for attorneys' fees. (ECF No. 29.) That same day, the parties filed a stipulation for the award of attorney fees in the amount of $8,902.27 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (“EAJA”) and for the withdrawal of Plaintiff's motion (ECF No. 28). (ECF No. 29.) The award is without prejudice to the rights of counsel to seek attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. (Id.)
Accordingly, pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:
1. Plaintiff s motion for attorneys' fees (ECF No. 28) is deemed withdrawn; and
2. Plaintiff is awarded attorney fees under the EAJA in the amount of $8,902.27.
IT IS SO ORDERED.