(SS) Kinney v. Commissioner of Social Security

I. Introduction and Procedural Background

11 On April 1, 2021 Plaintiff Mary Roseanne Kinney (“Plaintiff”) sought judicial review of a 12 final decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying 13 her application for social security benefits. Doc. 1. The Commissioner filed the Certified 14 Administrative Record on June 30, 2022. Doc. 18. On August 15, 2022, Plaintiff filed a motion 15 for summary judgment. Doc. 20. Defendant filed no response. Rather, on September 29, 2022 the 16 parties stipulated to remand the matter to the agency for further proceedings under sentence four of 17 42 U.S.C. 405(g). Doc. 21. Judgment was entered in Plaintiff’s favor. Doc. 23. 18 Plaintiff now moves for an award of attorneys’ fees pursuant to the Equal Access to Justice 19 Act (EAJA), 28 U.S.C. § 2412(d), seeking $7,831.44 in fees and $627.00 in costs. Doc. 24. In 20 support of the request, Plaintiff’s counsel filed a declaration containing billing and time records. 21 Doc. 24-1.

II. Discussion

23 A. Substantial Justification 24 1. Legal Standard 25 A party seeking an award of fees and other expenses shall, within thirty days of final…