Fadaol v. Kijakazi
- Proceeding
- district
- Area
- civil
- Panel
- Barbara Lynn Major (author)
Analysis
The court considered a joint motion by the plaintiff and defendant for the award of attorney's fees and costs following a voluntary remand of a Social Security disability case. The court granted the motion, awarding the plaintiff $2,136.00 in fees and $402.00 in costs.
| What the court decided | The model |
|---|---|
Granting the Joint Motion for the Award and Payment of Attorney Fees and Expenses“the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s fees and expenses in the total amount of $2,136.00 as authorized by 28 U.S.C. § 2412 and costs the amount of $402.00 as authorized by 28 U.S.C. § 1920” | agree with court The court correctly identified that a sentence four remand renders the plaintiff a prevailing party under the EAJA. The motion was filed within the statutory thirty-day window following the expiration of the time for appeal. The court found the stipulated amount reasonable, which is the appropriate standard for a joint motion where the parties have agreed on the figures. |
The order itself: sound — The order is procedurally correct and relies on the appropriate Ninth Circuit precedent (Akopyan) to establish that the plaintiff is a prevailing party and that the motion is timely. The court's finding that the stipulated fees are reasonable is standard for joint motions. There are no significant gaps in the reasoning provided for this specific procedural order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 21CV1400-BLM 11 MARILYN CABERTO ANDAYA FADAOL, 12 Plaintiff, ORDER GRANTING JOINT MOTION FOR THE AWARD AND PAYMENT OF 13 v. ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO 14 KILOLO KIJAKAZI, ACTING COMMISSIONER JUSTICE ACT, 28 U.S.C. § 2412(d) AND OF SOCIAL SECURITY, 15 COSTS PURSUANT TO 28 U.S.C. § 1920 Defendant. 16 [ECF NO. 19] 17 18 On August 5, 2021, Plaintiff filed a complaint in this matter seeking judicial review of the 19 denial of her application “for a period of disability, disability insurance benefits, and supplemental 20 security income benefits.” ECF No. 1. 21 On May 16, 2022, the parties filed a Joint Motion for Voluntary Remand. ECF No. 16. On 22 May 17, 2022, the Court granted the parties’ motion. ECF No. 17. 23 On July 18, 2022, the parties filed a Joint Motion for the Award and Payment of Attorney 24 Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) and Costs 25 Pursuant to 28 U.S.C. § 1920. ECF No. 19. 26 The EAJA allows a prevailing party to seek attorney’s fees from the United States within 27 thirty days of final judgment. 28 U.S.C. § 2412(d). “A sentence four remand becomes a final 1 || 2412(d), upon expiration of the time for appeal.” Akopyan v. Barnhart, 296 F.3d 852, 854 (9th 2 ||Cir. 2002). If one of the parties is the United States, either party may file a notice of appeal 3 within sixty days of the order appealed from. See Fed. R. App. 4(a)(1)(B). “A plaintiff who 4 || obtains a sentence four remand is considered a prevailing party for attorneys’ fees.” Akopyan, 5 F.3d at 854. Therefore, Plaintiff is the prevailing party in this action for purposes of 6 || attorney's fees, the parties’ joint motion is timely, and the Court finds the stipulated amount of 7 || fees and expenses reasonable. 8 Having considered the joint motion and finding the stipulated amount of fees and 9 ||expenses reasonable, the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s 10 || fees and expenses in the total amount of $2,136.00 as authorized by 28 U.S.C. § 2412 and costs 11 the amount of $402.00 as authorized by 28 U.S.C. § 1920, subject to the terms of the parties’ 12 || joint motion [see ECF No. 19]. Fees will be made payable to Marilyn Caberto Andaya Fadaol, 13 || but if the Department of the Treasury determines that Marilyn Caberto Andaya Fadaol does not 14 || owe a federal debt, then the government will cause the payment of fees, expenses, and costs 15 ||to be made directly to the Law Offices of Lawrence D. Rohlfing, Inc., CPC pursuant to the 16 || assignment executed by Marilyn Caberto Andaya Fadaol [see ECF No. 19-1]. Any payments will 17 || be delivered to Monica Perales. 18 IT IS SO ORDERED. 19 || Dated: 7/20/2022 lobe Mager 20 Hon. Barbara L. Major United States Maqistrate Judde 22 23 24 25 26 27 28