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Ramos v. Kijakazi

United States District Court, Eastern District of California
Jun 1, 2022
1:21-cv-00299-JLT-HBK (E.D. Cal. Jun. 1, 2022)

Opinion

1:21-cv-00299-JLT-HBK

06-01-2022

MARIA D. GARCIA DE RAMOS, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.


ORDER GRANTING AWARD AND PAYMENT OF ATTORNEYS FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (DOC. NO. 28)

HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

Pending before the court is the parties' stipulated motion for attorney fees filed on May 24, 2022. (Doc. No. 28). The parties agree to an award attorney's fees and expenses to Plaintiff's attorney, Jonathan Pena, in the amount of $1,437.99 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.).

On February 23, 2022, this Court granted the parties' Stipulated Motion for Voluntary Remand pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the Commissioner for further administrative proceedings. (Doc. No. 26). Judgment was entered the same day. (Doc. No. 27). Plaintiff now requests an award of fees as the prevailing party under that order. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed.R.Civ.P. 54(d)(1); see 28 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party).

The Commissioner does not oppose the requested relief. (Doc. No. 28). After issuance of an order awarding EAJA fees and costs, the United States Department of the Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees directly to Plaintiff's counsel.

Accordingly, it is ORDERED:

1. Plaintiff's stipulated motion for attorney fees and expenses (Doc. No. 28) is GRANTED.

2. Plaintiff is awarded fees in the amount of $1,437.99 (one thousand four hundred thirtyseven dollars and ninety-nine cents) in attorney fees and expenses. Unless the Department of Treasury determines that Plaintiff owes a federal debt, the government shall make payment of the fees to Plaintiff's counsel, Jonathan Pena, in accordance with Plaintiff's assignment of fees and subject to the terms of the stipulated motion.


Summaries of

Ramos v. Kijakazi

United States District Court, Eastern District of California
Jun 1, 2022
1:21-cv-00299-JLT-HBK (E.D. Cal. Jun. 1, 2022)
Case details for

Ramos v. Kijakazi

Case Details

Full title:MARIA D. GARCIA DE RAMOS, Plaintiff, v. KILOLO KIJAKAZI, ACTING…

Court:United States District Court, Eastern District of California

Date published: Jun 1, 2022

Citations

1:21-cv-00299-JLT-HBK (E.D. Cal. Jun. 1, 2022)