Taylor 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 and payment of attorney's fees and expenses under the Equal Access to Justice Act (EAJA) following a sentence four remand. The court granted the motion, awarding the plaintiff $776.32 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 Pursuant to the Equal Access to Justice Act“the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s fees and expenses in the total amount of $776.32 as authorized by 28 U.S.C. § 2412 and costs the total amount of $402.00 under 28 U.S.C. §1920” | agree with court The court correctly applied the legal standard that a sentence four remand constitutes a final judgment for EAJA purposes upon the expiration of the appeal period, and that a plaintiff obtaining such a remand is a prevailing party. The court found the motion timely and the stipulated amounts reasonable. The decision follows from the cited authorities and the procedural history recited in the order. |
The order itself: sound — The order is procedurally sound. It correctly identifies the legal basis for the fee award (EAJA), the status of the plaintiff as a prevailing party (via sentence four remand), and the timeliness of the motion. It relies on the correct Ninth Circuit precedent (Akopyan) for the specific context of Social Security sentence four remands. The reasoning is concise but sufficient for a joint motion where the parties have stipulated to the amount.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 23CV1040-BLM 11 CHRISTINE JULIA TAYLOR, 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 OF SOCIAL SECURITY, 15 Defendant. [ECF NO. 12] 16 17 On June 5, 2023, Plaintiff filed a complaint in this matter seeking judicial review of the 18 denial of “[P]laintiff’s application for Social Security Disability Insurance and Supplemental 19 Security Income benefits for lack of disability.” ECF No. 1 at 1. 20 On July 31, 2023, the Court issued an Order Granting Parties’ Joint Motion for Voluntary 21 Remand Pursuant to Sentence Four of 42 U.S.C. §405(g). ECF No. 10. 22 On October 27, 2023, the parties filed a Joint Motion for the Award and Payment of 23 Attorney Fees and Expenses Pursuant to the Equal Access to Justice Act. ECF No. 12. 24 The EAJA allows a prevailing party to seek attorney’s fees from the United States within 25 thirty days of final judgment. 28 U.S.C. § 2412(d). “A sentence four remand becomes a final 26 judgment, for purposes of attorneys’ fees claims brought pursuant to the EAJA, 28 U.S.C. § 27 2412(d), upon expiration of the time for appeal.” Akopyan v. Barnhart, 296 F.3d 852, 854 (9th 28 1 2002). If one of the parties is the United States, either party may file a notice of appeal 2 || within sixty days of the order appealed from. See Fed. R. App. 4(a)(1)(B). “A plaintiff who 3 || obtains a sentence four remand is considered a prevailing party for attorneys’ fees.” Akopyan, 4 F.3d at 854. Plaintiff is the prevailing party in this action for purposes of attorney's fees, 5 || the parties’ joint motion is timely, and the Court finds the stipulated amount of fees and expenses 6 || reasonable. 7 Having considered the joint motion and finding the stipulated amount of fees and 8 || expenses reasonable, the Court GRANTS the joint motion and AWARDS Plaintiff attorney’s 9 || fees and expenses in the total amount of $776.32 as authorized by 28 U.S.C. § 2412 and costs 10 the total amount of $402.00 under 28 U.S.C. §1920, subject to the terms of the parties’ joint 11 ||motion [see ECF No. 12]. Fees will be made payable to Christine Julia Taylor, but if the 12 || Department of the Treasury determines that Christine Julia Taylor does not owe a federal debt, 13 || then the government will cause the payment of fees, expenses, and costs to be made directly 14 || to Plaintiff's counsel, Jonathan O. Pena, Pena & Bromberg, PLC, 2440 Tulare St., Ste. 320 Fresno, 15 || CA 93721, pursuant to the assignment executed by Christine Julia Taylor.* 16 IT IS SO ORDERED. 17 Dated: 10/30/2023 lxirbee Mager 18 Hon. Barbara L. ajor .
19 United States Maaistrate Judae 20 21 22 23 24 25 26], ©. 27 ||! Plaintiffs counsel states that Plaintiff executed an assignment, however, Plaintiff's counsel failed to include of copy of the assignment with the instant motion. ECF No. 12 at 2; see also 28 |! Docket.