(SS) St. John v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KELLY ANN ST. JOHN, No. 2:23-cv-02166-CKD Plaintiff, v. ORDER COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant.

17 Plaintiff’s motion for an award of attorneys’ fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1), is pending before the court. ECF No. 15. Plaintiff seeks fees in the amount of $1,270.28 based on 3.2 hours of attorney time at the rate of $244.62 per hour, and 3.9 hours of paralegal time at the rate of $125.00 per hour. ECF No. 15-1. Defendant has filed a response stating he has no objection to this request. ECF No. 16. A. Substantial Justification The EAJA provides that the prevailing party in a civil action against the United States may apply for an order for attorneys’ fees and expenses within thirty days of final judgment in the action. An applicant for Social Security benefits receiving a remand under sentence four of 42 U.S.C. § 405(g) is a prevailing party, regardless of whether…