(SS) Shoemaker v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KATHRYN ANN SHOEMAKER, No. 2:19-cv-01230 CKD Plaintiff, v. ORDER ANDREW M. SAUL, Commissioner of Social Security, 15 Defendant.

17 Plaintiff’s motion for an award of attorneys’ fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1), is pending before the court. (ECF No. 17.) Plaintiff seeks fees in the amount of $8,167.52 based on 34.9 hours of attorney time (at the rate of $205.25 per hour) and 7.9 hours of paralegal time (at the rate of $125.00 per hour). No opposition to the motion has been filed. A. Substantial Justification The EAJA provides that the prevailing party in a civil action against the United States may apply for an order for attorneys’ fees and expenses within thirty days of final judgment in the action. An applicant for Social Security benefits receiving a remand under sentence four of 42 U.S.C. § 405(g) is a prevailing party, regardless of whether the applicant later succeeds in 28 …