(SS) Her v. Commissioner of Social Security

I. Introduction and Procedural Background

11 On August 14, 2019 Plaintiff Phoua Her (“Plaintiff”) sought judicial review of a final 12 decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying her 13 application for disability insurance benefits and supplemental security income pursuant to Titles II 14 and XVI, respectively, of the Social Security Act. Doc. 1. The Court found that substantial 15 evidence and applicable law did not support the ALJ’s decision. On March 5, 2021 the Court issued 16 an opinion directing entry of judgment in favor of Plaintiff and remanding the matter to the agency 17 for further proceedings. Doc. 31. Judgment was entered the same day. Doc. 32. 18 Plaintiff moves for an award of attorneys’ fees pursuant to the Equal Access to Justice Act 19 (EAJA), 28 U.S.C. § 2412(d). Doc. 33. In support of the request for $11,734.20 in fees, Plaintiff’s 20 counsel filed a declaration containing billing and time records. Doc. 33-1.

II. Discussion

22 A. Substantial Justification 23 1. Legal Standard 24 A party seeking an award of fees and other expenses shall, within thirty days of final 25 judgment in the action,…