Opinion
No. 2:16-cv-2722-JAM-EFB
05-05-2020
DEBBIE OHMAN, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
ORDER
On March 3, 2020, the magistrate judge filed findings and recommendations herein which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. Defendant filed objections on March 16, 2020, and plaintiff filed a response thereto on March 16, 2020. Those filings were considered by the undersigned.
This court reviews de novo those portions of the proposed findings of fact to which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As to any portion of the proposed findings of fact to which no objection has been made, the court assumes its correctness and decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).
The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. Accordingly, IT IS ORDERED that:
1. The Proposed Findings and Recommendations filed March 3, 2020, are ADOPTED;
2. Plaintiff's motion for attorney's fees (ECF No. 24) is granted;
3. Plaintiff is awarded attorney's fees under the EAJA in the amount of $10,329.87, plus $400.00 for costs, for a total award of $10,729.87; and
4. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), any payment shall be made payable to plaintiff and delivered to plaintiff's counsel, unless plaintiff does not owe a federal debt. If the United States Department of the Treasury determines that plaintiff does not owe a federal debt, the government shall accept plaintiff's assignment of EAJA fees and pay fees directly to plaintiff's counsel. DATED: May 5, 2020
/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE