(SS) Henderson v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJune 16, 20211:20-cv-00562California3,045 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

PATRICIA ANN HENDERSON, ) Case No.: 1:20-cv-0562 JLT ) Plaintiff, ) ORDER GRANTING IN PART PLAINTIFF’S ) MOTION FOR ATTORNEY’S FEES v. )

PURSUANT TO THE EQUAL ACCESS TO

) COMMISSIONER OF SOCIAL SECURITY, ) JUSTICE ACT, 28 U.S.C. § 2412 ) Defendant. ) (Doc. 22) ) )

Stuart Barasch, attorney for Plaintiff Patricia Ann Henderson, seeks an award for fees pursuant to the Equal Access for Justice Act under 28 U.S.C. § 2412(d). (Doc. 22) The Commissioner of Social Security has not opposed the motion. Because the Administrative Law Judge’s decision was contrary to established standards set forth by the Regulations and the Ninth Circuit, the decision and the Commissioner’s defense thereof, was not substantially justified. For the reasons set forth below, the motion for attorney fees under the EAJA is GRANTED in the modified amount of $6,077.28. I. Background In 2017, Plaintiff…

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