(SS) Reid v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaSeptember 17, 20211:20-cv-00732California1,830 words

Opinion

Trial Court Opinion

I. Introduction and Procedural Background

11 On May 26, 2020 Plaintiff Karen Lynn Reid (“Plaintiff”) sought judicial review of a final 12 decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying her 13 application for social security benefits. Doc. 1. Pursuant to the parties’ stipulation for voluntary 14 remand, on May 10, 2021 the Court issued an order remanding the matter to the agency under 15 sentence four of 42 U.S.C. 405(g) for further proceedings. Doc. 24. Judgment was entered the 16 same day. Doc. 25. 17 On August 3, 2021 Plaintiff moved for an award of attorneys’ fees pursuant to the Equal 18 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Doc. 27. In support of the request for 19 $3,323.53 in fees and $17.25 in costs, Plaintiff’s counsel filed a declaration containing billing and 20 time records. Doc. 27-2.

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 25 final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is…

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