UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

ANGELICA D., Case No.: 20-cv-1055-MMA (NLS) 11

ORDER GRANTING JOINT

12 Plaintiff, MOTION FOR ATTORNEY’S FEES v. 13 [Doc. No. 23] ANDREW SAUL, Commissioner of 14 Social Security, 15 Defendant.

On June 9, 2020, Angelica D. (“Plaintiff”) filed this social security appeal challenging the denial of her application for disability benefits. See Doc. No. 1. The Court referred all matters arising in this social security appeal to the assigned Magistrate Judge for report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.1. See Doc. No. 8. Thereafter, the parties timely filed the administrative record and Plaintiff filed her merits brief. See Doc. Nos. 15, 19.

On April 23, 2021, the parties filed a joint motion to remand the matter to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. See Doc. No. 20. The Court granted the joint motion, see Doc. No. 21, and the Clerk of Court entered judgment accordingly, see Doc. No. 22. The parties now jointly ask the Court to award Plaintiff $3,000 in attorney’s fees || pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and no costs |}under 28 U.S.C. § 1920. See Doc. No. 23.

The EAJA allows a prevailing party to seek attorney’s fees from the United States || within thirty days of final judgment. See 28 U.S.C. § 2412(d). “A sentence four remand || becomes a final judgment, for purposes of attorneys’ fees claims brought pursuant to the || EAJA, 28 U.S.C. § 2412(d), upon expiration of the time for appeal.” Akopyan v. || Barnhart, 296 F.3d 852, 854 (9th Cir. 2002) (citing Shalala v. Schaefer, 509 U.S. 292, (1993)); see also 28 U.S.C. § 2412(d)(2)(G); Melkonyan vy. Sullivan, 501 U.S. 89, || 102 (1991) (“In sentence four cases, the filing period begins after the final judgment . . .

entered by the court and the appeal period has run, so that the judgment is no longer ||appealable.”). If one of the parties is the United States, either party may file a notice of || appeal within sixty days of the order appealed from. See Fed. R. App. P. 4(a)(1)(B). “A || plaintiff who obtains a sentence four remand is considered a prevailing party for purposes || of attorneys’ fees.” Akopyan, 296 F.3d at 854 (citing Shalala, 509 U.S. at 301-02).

Here, the Court finds that Plaintiff is the prevailing party in this action for purposes || of attorney’s fees, the parties’ joint motion 1s timely, and the stipulated amount of fees is ||reasonable. Accordingly, the Court GRANTS the parties’ joint motion for attorney’s || fees and AWARDS Plaintiff $3,000 pursuant to the EAJA.

IT IS SO ORDERED.

|| Dated: June 22, 2021

Miku lM Lbikter HON. MICHAEL M. ANELLO 33 United States District Judge 24 25 26 27 28