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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KELLY ANN ST. JOHN, No. 2:23-cv-02166-CKD 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16

17 18 Plaintiff’s motion for an award of attorneys’ fees under the Equal Access to Justice Act 19 (EAJA), 28 U.S.C. § 2412(d)(1), is pending before the court. ECF No. 15. Plaintiff seeks fees in 20 the amount of $1,270.28 based on 3.2 hours of attorney time at the rate of $244.62 per hour, and 21 3.9 hours of paralegal time at the rate of $125.00 per hour. ECF No. 15-1. Defendant has filed a 22 response stating he has no objection to this request. ECF No. 16. 23 A. Substantial Justification 24 The EAJA provides that the prevailing party in a civil action against the United States 25 may apply for an order for attorneys’ fees and expenses within thirty days of final judgment in the 26 action. An applicant for Social Security benefits receiving a remand under sentence four of 42 27 U.S.C. § 405(g) is a prevailing party, regardless of whether…