(SS) Chavez Alvarez v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJuly 29, 20211:19-cv-01373California4,118 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 NORMA DOLORES CHAVEZ- No. 1:19-cv-01373-EPG

ALVAREZ,

11 Plaintiff, ORDER GRANTING, IN PART, v. PLAINTIFF’S MOTION FOR ATTORNEY

FEES UNDER EAJA

COMMISSIONER OF SOCIAL

SECURITY, (ECF No. 29) Defendant. 16 Plaintiff Norma Dolores Chavez-Alvarez moves the Court for an award of $14,680.67 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA).1 (ECF No. 29; see ECF No. 33-1, p. 3). Defendant, the Commissioner of Social Security, opposes Plaintiff’s motion, arguing that the Social Security Administration’s position was substantially justified, and that Plaintiff’s fee request is unreasonable. (ECF No. 32). For the reasons given below, the Court grants Plaintiff’s motion, in part, and awards attorney’s fees under the EAJA in the amount of $13,212.60. I. BACKGROUND On September 30, 2019, Plaintiff filed a complaint challenging the denial of benefits by an Administrative Law Judge (ALJ).…

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