Rashaad v. Saul

Opinion

DEMETRIUS RASHAAD, Case No. 19-cv-1126-MMA (MDD)

Plaintiff, ORDER AWARDING EQUAL v. ACCESS TO JUSTICE ACT ATTORNEYS’ FEES AND ANDREW M. SAUL, Commissioner of EXPENSES PURSUANT TO 28 Social Security, U.S.C. § 2412(d) AND COSTS Defendant. PURSUANT TO 28 U.S.C. § 1920

[Doc. No. 27] On June 17, 2019, Demetrius Rashaad (“Plaintiff”) filed this social security appeal challenging the denial of his application for disability insurance benefits. See Doc. No. 1 ¶¶ 6, 7, 9.1 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. 9. On August 5, 2020, the Magistrate Judge issued a R&R recommending that the Court remand the case for further administrative action to determine whether Plaintiff is disabled. See Doc. No. 21. Andrew M. Saul, Commissioner of Social Security, (“Commissioner’’) objected to the [R&R. See Doc. No. 22. The Court overruled the Commissioner’s objection, adopted the Magistrate Judge’s R&R, granted Plaintiffs motion for summary judgment, denied the Commissioner’s cross-motion for summary judgment, and remanded the matter to the Social Security Administration for further administrative proceedings consistent with the Court’s Order and the Magistrate Judge’s R&R. See Doc. No. 24. The parties now stipulate to an award to Plaintiff of attorneys’ fees and expenses in the total amount of $5,700.00 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d) and \costs in the amount of $400.00 under 28 U.S.C. § 1920. See Doc. No. 27. 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, 297 (1993)). 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). Therefore, Plaintiff is the prevailing party in this action for purposes of attorneys’ fees and costs, the parties’ joint motion is timely, and the Court finds the stipulated amount of fees and expenses reasonable. Accordingly, the Court GRANTS the joint motion and AWARDS Plaintiff fees expenses in the total amount of $5,700.00 and costs in the total amount of $400.00. Dated: September 30, 2020 . UW United States District Judge