(SS) Rosenof v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJuly 5, 20222:20-cv-01491California1,628 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TAMMY LEA ROSENOF, No. 2:20-cv-01491 CKD Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant.

17 Plaintiff’s motion for an award of attorneys’ fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1), is pending before the court. (ECF No. 26.) Plaintiff seeks combined attorney and paralegal fees in the amount of $8,983.20. For attorney time, plaintiff seeks 1.9 hours for 2020 at the rate of $207.78 per hour and 35.4 hours for 2021 at the rate of $217.54 per hour, for a total of $8,095.70. Plaintiff also seeks 7.1 hours of paralegal time at the rate of $125.00 per hour, or $887.50. Defendant contends that EAJA fees should not be awarded because the government’s position was substantially justified and that, even if EAJA fees are awarded, plaintiff’s fee request is unreasonable. In addition, defendant contends any fee that is awarded must be made payable to the plaintiff.…

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