(SS) Edwards v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY G. EDWARDS, No. 2:23-cv-1162-DMC Plaintiff, v. ORDER COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Plaintiff, who is proceeding with retained counsel, brought this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Final judgment has been entered. Pending before the Court in this closed case is Plaintiff’s counsel’s unopposed motion for an award of fees and costs under the Equal Access to Justice Act (EAJA), ECF No. 13. Because this Court issued a remand pursuant to sentence four of 42 U.S.C. § 405(g), Plaintiff is a prevailing party for EAJA purposes. See Flores v. Shalala, 42 F.3d 562 (9th Cir. 1995). Under the EAJA, an award of reasonable attorney’s fees is appropriate unless the Commissioner’s position was “substantially justified” on law and fact with respect to the issues on which the court based its remand. 28 U.S.C. § 2412(d)(1)(A);…