(SS) Stonecipher v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 7 10 11 LENA ANN STONECIPHER, Case No. 1:20-cv-00609-HBK 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY'S FEES AND COSTS 13 v. UNDER THE EQUAL ACCESS TO JUSTICE ACT SECURITY, (Doc. No. 23) 15 Defendant. 16 17 Pending before the Court is Plaintiff’s motion for attorney fees filed September 29, 2021. 18 (Doc. No. 23). Plaintiff seeks attorney’s fees in the amount of $2,600.00 and $400.00 in costs 19 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.). 20 On September 23, 2021, this Court granted the parties’ Stipulation for Voluntary Remand 21 pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the 22 Commissioner for further administrative proceedings. (Doc. No. 21). The Clerk entered 23 judgment in favor of Plaintiff the same day. (Doc. No. 22). Plaintiff, the prevailing party, now 24 requests an award of fees. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed. R. Civ. P. 54(d)(1); see 28 25 U.S.C. § 1920; cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who 26 wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party). 27 The Commissioner stipulates to the requested relief. (Doc. No. 23 at 1). Before issuing 28 the award of EAJA fees and costs, the United States Department of the Treasury will determine 1 | whether Plaintiff owes a debt to the government. (/d. at 2). If Plaintiff has no discernable federal 2 | debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees directly to 3 | Plaintiff's counsel, Lawrence D. Rohlfing. (d.). 4 Accordingly, it is ORDERED: 5 1. Plaintiffs motion for attorney’s fees (Doc. No. 23) is GRANTED. 6 2. Plaintiff is awarded fees and costs in the total amount of $3,000.00 (three thousand 7 | dollars). Unless the Department of Treasury determines Plaintiff owes a federal debt, the 8 | government must pay the fees to Plaintiff's counsel in accordance with Plaintiff's assignment of 9 | fees and subject to the terms of the stipulated motion. 10 Dated: _ September 30, 2021 Gow Zh fareA Zack 12 HELENA M. BARCH-KUCHTA 3 UNITED STATES MAGISTRATE JUDGE

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