(SS) Martin 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 CHERYL L. MARTIN, No. 2:18-cv-02911 CKD 12 Plaintiff, 13 v. ORDER 14 ANDREW SAUL, 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. 29.) Plaintiff seeks fees 20 in the amount of $12,290.46 based on 59.9 hours. Plaintiff’s counsel’s work in the district court 21 proceedings in this case spanned the years 2018, 2019, and 2020. Plaintiff seeks reimbursement 22 for 1.1 hours at the 2018 EAJA rate of $201.60; 56.8 hours at the 2019 EAJA rate of $205.25; and 23 2.0 hours at the 2020 EAJA rate of $205.25. Defendant has filed an opposition. (ECF No. 32.) 24 A. Substantial Justification 25 The EAJA provides that the prevailing party in a civil action against the United States 26 may apply for an order for attorneys’ fees and expenses within thirty days of final judgment in the 27 action. An applicant…