(SS) Montoya v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaApril 9, 20241:23-cv-00544California3,513 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANA GONZALEZ MONTOYA, Case No. 1:23-cv-00544-JLT-BAM Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING PLAINTIFF’S MOTION

v. FOR ATTORNEY’S FEES PURSUANT TO

THE EQUAL ACCESS TO JUSTICE ACT,

MARTIN O’MALLEY, Commissioner of 28 U.S.C. § 2412 Social Security,1 (Doc. 24) Defendant. 16 I. INTRODUCTION Plaintiff Ana Gonzalez Montoya, proceeding with counsel, commenced this Social Security action on April 5, 2023. (Doc. 1.) On September 27, 2023, pursuant to the parties’ stipulation, the court entered an order remanding the action for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g), and entered judgment for plaintiff. (Docs. 17, 18.) Currently pending before the court is plaintiff’s motion for an award of attorneys’ fees under the Equal Access to Justice Act (“EAJA”) in the amount of $13,157.05 for 54.2 hours of work. (Doc. 20 at 2.) The Commissioner…

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