(SS) Hay v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ZAK FRANKLIN HAY, No. 2:18-cv-1706-EFB Plaintiff, v. ORDER ANDREW SAUL, Commissioner of Social Security, 14 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 Nos. 25, 26. He seeks fees in the amount of $18,866.75 for time spent by attorney Robert Weems and paralegal Andrew Ragnes litigating this action (including the instant motion for fees) and associated expenses (such as court filing fees). Id. The Commissioner opposes the motion, arguing that its opposition to plaintiff’s litigation was substantially justified and thus fees should not be granted. ECF No. 28. Alternatively, if the court finds that fees are appropriate, the Commissioner argues that plaintiff is not entitled to expenses, the fee amount should be reduced, and the fee award should not be assigned to plaintiff’s attorney. Id. For the reasons that follow, the court…