(SS) Kiser v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CARRIE JUANNELL KISER, Case No. 2:23-cv-0091-JDP Plaintiff, v. ORDER MARTIN O’MALLEY, Commissioner of Social Security, 15 Defendant. 16 Plaintiff moves for an award of attorney’s fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1). ECF No. 23. Plaintiff seeks fees in the amount of $6,938.89 based on 25.3 hours of attorney work in 2023 of at the corresponding statutory- maximum rates of $244.62 and 6.0 hours of paralegal time at a rate of $125.00. ECF Nos. 23-1 at 2. The EAJA provides that a prevailing party other than the United States should be awarded fees and other expenses incurred by that party in any civil action brought by or against the United States, “unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust directs the court to award a reasonable fee.” 28 U.S.C. § 2412(d)(1). In determining whether a fee is…