(SS) Cummings 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 JEANNETTE CUMMINGS, Case No. 1:23-cv-00371-HBK 12 Plaintiff, ORDER GRANTING AWARD AND

PAYMENT OF ATTORNEYS FEES AND

13 v. COSTS UNDER THE EQUAL ACCESS TO

JUSTICE ACT 1

14 MARTIN O’MALLEY, COMMISSIONER OF SOCIAL (Doc. Nos. 20) 15 SECURITY, 16 Defendant. 17 18 19 20 Pending before the Court is the parties’ stipulated motion for award of attorney’s fees 21 filed on March 29, 2024. (Doc. No. 20). The parties agree to an award of attorney’s fees and 22 expenses to Plaintiff’s attorney, Roger David Drake of Bertoldo Carter Smith & Cullen, in the 23 amount of $5,500.05 in attorney fees and expenses, pursuant to the Equal Access to Justice Act 24 (“EAJA”), 28 U.S.C. § 2412 and $402.00 in costs, pursuant to 28 U.S.C. § 1920. (Id.). 25 On February 21, 2024, this Court granted Plaintiff’s Motion for Summary Judgment and 26 remanded the case pursuant to sentence four of 42 U.S.C. § 405(g) to the Commissioner for

27 1 Both parties have consented…