(SS) L.A.A.A.S. v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 L.A.A.A.S., a minor, No. 2:23-cv-02981-TLN-CKD 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16

17 18 Plaintiff’s motion for an award of attorneys’ fees under the Equal Access to Justice Act 19 (EAJA), 28 U.S.C. § 2412(d)(1), is pending before the court. (ECF No. 22.) Plaintiff seeks fees 20 in the amount of $8,499.60 based on 33.75 hours at the rate of $251.84 per hour for attorney time. 21 Defendant has filed a response stating that he has considered the motion and has no objection to 22 the request. (ECF No. 23.) 23 A. Substantial Justification 24 The EAJA provides that the prevailing party in a civil action against the United States 25 may apply for an order for attorneys’ fees and expenses within thirty days of final judgment in the 26 action. An applicant for Social Security benefits receiving a remand under sentence four of 42 27 U.S.C. § 405(g) is a prevailing party, regardless of whether the applicant later succeeds in 28 …