(SS) Kontokanis v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaFebruary 5, 20242:22-cv-01337California1,600 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KATINA KONTOKANIS, No. 2:22-CV-1337-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 is Plaintiff’s counsel’s motion for an award of attorney’s fees under the Equal Access to Justice Act (EAJA) in the amount of $10,583.28. See ECF No. 21. The motion is not opposed. / / / / / / / / / / / / / / / / / / I. STANDARDS FOR EAJA MOTION 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…

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