(SS) Montoya v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANA GONZALEZ MONTOYA Case No. 1:23-cv-0544 JLT BAM 12 Plaintiff, ORDER ADOPTING THE FINDINGS AND

RECOMMENDATIONS AND GRANTING IN

13 v. PART PLAINTIFF’S MOTION FOR

ATTORNEYS’ FEES PURSUANT TO THE

14 MARTIN O’MALLEY, EQUAL ACCESS TO JUSTICE ACT Commissioner of Social Security,1 15 (Docs. 20, 25) Defendant. 16 17 Ana Gonzalez Montoya sought judicial review of the administrative decision denying her 18 application for benefits. After the parties stipulated to a voluntary remand, the Court remanded 19 the matter for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) and entered 20 judgment in favor of Plaintiff. (Docs. 18, 19.) Plaintiff now seeks an award of attorneys’ fees 21 pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. (Doc. 20.) 22 The magistrate judge observed that under the EAJA, the prevailing party may obtain fees 23 where the positions of the Commissioner and the…