(SS) Montoya v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANA GONZALEZ MONTOYA Case No. 1:23-cv-0544 JLT BAM Plaintiff, ORDER ADOPTING THE FINDINGS AND

RECOMMENDATIONS AND GRANTING IN

v. PART PLAINTIFF’S MOTION FOR

ATTORNEYS’ FEES PURSUANT TO THE

MARTIN O’MALLEY, EQUAL ACCESS TO JUSTICE ACT Commissioner of Social Security,1 (Docs. 20, 25) Defendant. 16 Ana Gonzalez Montoya sought judicial review of the administrative decision denying her application for benefits. After the parties stipulated to a voluntary remand, the Court remanded the matter for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and entered judgment in favor of Plaintiff. (Docs. 18, 19.) Plaintiff now seeks an award of attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. (Doc. 20.) The magistrate judge observed that under the EAJA, the prevailing party may obtain fees where the positions of the Commissioner and the…