(SS) Aguilera v. Commissioner of Social Security

I. Introduction and Procedural Background

11 On May 20, 2021 Plaintiff William Edwin Aguilera (“Plaintiff”) sought judicial review of 12 a final decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying 13 his application for social security benefits. Doc. 1. 14 After plaintiff moved for summary judgment the parties stipulated to remand the matter to 15 the agency for further proceedings. Doc. 19. Pursuant to the stipulation, judgment was entered for 16 Plaintiff the same day. Doc. 20. 17 On August 24, 2022, Plaintiff brought the instant motion for attorneys’ fees pursuant to the 18 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Doc. 21. Plaintiff’s counsel seeks 19 $6,453.82 for 28 hours expended pursuing the case to judgment plus $400 in costs to cover the 20 filing fee payment. Id. Defendant responded indicating no objection to the request. 21

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, submit to the court an application for fees and other expenses 26 which shows that the…