(SS) Wojtowicz v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ROBERT WOJTOWICZ, ) Case No.: 1:19-cv-1138 JLT ) Plaintiff, ) ORDER GRANTING IN PART PLAINTIFF’S ) MOTION FOR ATTORNEY’S FEES PURSUANT v. ) TO THE EQUAL ACCESS TO JUSTICE ACT, 28 ) KILOLO KIJAKAZI1, ) U.S.C. § 2412 Acting Commissioner of Social Security, ) ) (Doc. 31) Defendant. ) )

Plaintiff seeks an award of attorney fees pursuant to the Equal Access for Justice Act, 28 U.S.C. § 2412(d). (Doc. 31.) The Commissioner of Social Security opposes the motion, asserting that Plaintiff is not entitled to fees simply because he prevailed, and the fees requested are excessive. (Doc. 33.) 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 were not substantially justified. For the reasons set forth, Plaintiff’s motion fees under the…