Hepler

Hepler v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaOctober 17, 20233:22-cv-00800California2,047 words

Opinion

Trial Court Opinion

I. BACKGROUND

22 On June 1, 2022, Plaintiff filed a complaint, seeking judicial review of the 23 Commissioner’s decision to deny his claim for benefits. (Doc. No. 1.) Thereafter, the 24 parties filed a Joint Motion for Judicial Review on February 13, 2023. (Doc. No. 16.) 25 Magistrate Judge Lupe Rodriguez, Jr. filed a Report and Recommendation (“R&R”) 26 on July 21, 2023, recommending that the Commissioner’s decision be reversed, and the 27 action be remanded for further administrative proceedings. (Doc. No. 17.) Upon review of 28 the R&R and receiving no objections from the parties, the Court adopted Magistrate Judge Rodriguez, Jr.’s R&R in its entirety. (Doc. No. 18.) On October 16, 2023, the parties filed the instant motion. (Doc. No. 21.) The parties jointly request that Plaintiff receive an award of attorney fees and expenses in the amount of $10,005.71 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (“EAJA”), and no costs under 28 U.S.C. § 1920. (Id. at 2.) The parties submitted a time sheet showing that one attorney at Yancey Law, PC completed a total of 35.7 hours of work at $234.95 per hour (the EAJA rate for 2022)…

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