(SS) Saeteurn v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaFebruary 7, 20201:18-cv-00538California3,843 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SENG SAETEURN, ) Case No.: 1:18-cv-0538- JLT ) Plaintiff, ) ORDER GRANTING IN PART PLAINTIFF’S ) MOTION FOR ATTORNEY’S FEES PURSUANT v. ) TO THE EQUAL ACCESS TO JUSTICE ACT, 28 ) ANDREW M. SAUL1, ) U.S.C. § 2412 Commissioner of Social Security, ) ) (Doc. 26) Defendant. ) )

Seng Saeteurn seeks an award for fees pursuant to the Equal Access for Justice Act under 28 U.S.C. § 2412(d). (Doc. 26) The Commissioner of Social Security opposes the request, arguing the position was substantially justified and the amount of fees requested is excessive. (Doc. 29) Because the ALJ’s decision was contrary to established standards set forth by the Regulations and the Ninth Circuit, the decision and the Commissioner’s defense thereof were not substantially justified. For the reasons set forth, Plaintiff’s motion for attorney fees under the EAJA is GRANTED in the…

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