Powers v. Saul

Opinion

SARAH ANNE P., Case No.: 20-cv-1029-MMA (MDD) ORDER GRANTING JOINT Plaintiff, MOTION FOR ATTORNEY’S FEES v. [Doc. No. 20] ANDREW SAUL, Commissioner of Social Security, Defendant.

On June 4, 2020, Sarah Anne P. (“Plaintiff”) filed this social security appeal challenging the denial of her application for disability benefits. See Doc. No. 1. The Court referred all matters arising in this social security appeal to the assigned Magistrate Judge for report and recommendation (“R&R”) pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.1. See Doc. No. 4. Thereafter, the parties timely filed the administrative record and Plaintiff filed her merits brief. See Doc. Nos. 11, 13. On March 10, 2021, the Magistrate Judge issued an R&R recommending that the Court grant Plaintiff’s motion and remand the Administrative Law Judge’s decision. See Doc. No. 17. The Court adopted the R&R in its entirety and remanded the matter to the Social Security Administration pursuant to sentence four of 41 U.S.C. § 405(g) for further administrative proceedings. See Doc. No. 18. That same day, the Clerk of Court entered judgment. See Doc. No. 19. The parties now jointly ask the Court to award Plaintiff $3,700.00 in attorney’s fees pursuant to the Equal Access to Justice Act CEAJA”), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. See Doc. No. 20. The EAJA allows a prevailing party to seek attorney’s fees from the United States within thirty days of final judgment. See 28 U.S.C. § 2412(d). “A sentence four remand becomes a final judgment, for purposes of attorneys’ fees claims brought pursuant to the EAJA, 28 U.S.C. § 2412(d), upon expiration of the time for appeal.” Akopyan v. Barnhart, 296 F.3d 852, 854 (9th Cir. 2002) (citing Shalala v. Schaefer, 509 U.S. 292, (1993)); see also 28 U.S.C. § 2412(d)(2)(G); Melkonyan vy. Sullivan, 501 U.S. 89, 102 (1991) (‘In sentence four cases, the filing period begins after the final judgment . . . entered by the court and the appeal period has run, so that the judgment is no longer appealable.”). If one of the parties is the United States, either party may file a notice of appeal within sixty days of the order appealed from. See Fed. R. App. P. 4(a)(1)(B). “A plaintiff who obtains a sentence four remand is considered a prevailing party for purposes of attorneys’ fees.” Akopyan, 296 F.3d at 854 (citing Shalala, 509 U.S. at 301-02). Here, the Court finds that Plaintiff is the prevailing party in this action for purposes of attorney’s fees, the parties’ joint motion 1s timely, and the stipulated amount of fees is reasonable. Accordingly, the Court GRANTS the parties’ joint motion for attorney’s fees and AWARDS Plaintiff $3,700.00 pursuant to the EAJA. Dated: June 25, 2021 Waiheh lu - /dillr. HON. MICHAEL M. ANELLO United States District Judge