(SS)Fryar

(SS)Fryar v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaDecember 15, 20231:21-cv-00918California808 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CHARLES BINGLEY FRYAR, Case No. 1:21-cv-00918-CDB (SS)

Plaintiff, ORDER ON STIPULATION FOR AWARD

OF ATTORNEY FEES PURSUANT TO THE

v. EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) COMMISSIONER OF SOCIAL SECURITY, (Doc. 23) Defendant. 16 Pending before the Court is the parties’ stipulated motion for award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (Doc. 23). The parties agree to an award of attorney’s fees to counsel for Plaintiff Charles Bingley Fryar (“Plaintiff”), Melissa Newel, in the amount of $10,618.20 pursuant to the EAJA, 28 U.S.C. § 2412(d). Id. On September 25, 2023, the Court issued an order remanding this action for further proceedings under sentence four 42 U.S.C. § 405(g). (Doc. 21). The Court found the ALJ failed to provide clear and convincing reasons to discredit Plaintiff’s pre-surgery statements. Id. at 22- 23. The Court determined a remand was warranted for the ALJ to determine…

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