IN THE UNITED ST ATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

SAMUEL NERVEZA, JR., 

Plaintiff, 

v. 

COMMISSIONER, SOCIAL SECURITY 

ADMINISTRATION, 

Defendant. 

CLARKE, Magistrate Judge. 

Civ. No. 3: 14-cv-02045-CL 

ORDER 

This matter comes before the Court on the stipulation of the parties (#27) that Plaintiff 

Samuel Nerveza, Jr. ("Plaintiff') be awarded $8,039.53 in attorney's fees under the Equal 

Access Justice Act ("EAJA"), 28 U.S.C. § 2412(d). 

BACKGROUND 

On December 24, 2014, Plaintiff filed a Complaint (#1) to obtain judicial review of the 

final decision of the Commissioner of the Social Security Administration ("Commissioner") 

denying his applications for Supplemental Security Income ("SSI") and Disability Insurance 

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Benefits ("DIB") under Titles II and XVI of the Social Security Act. On April 6, 2016, this Court 

remanded (#25) Plaintiffs case for further administrative proceedings. On May 13, 2016, 

Plaintiffs attorney filed a stipulated application (#27) for EAJA fees. 

LEGAL STANDARD 

A prevailing party in an action against the United States is entitled to an award of 

attorney's fees and costs under the EAJA unless the government demonstrates that its position in 

the litigation was "substantially justified" or that "special circumstances make an award unjust." 

28 U.S.C. § 2412(d)(l)(A). An EAJA fee award must be reasonable. Sorenson v. Mink, 239 F.3d 

1140, 1145 (9th Cir. 2001). In determining whether a fee is reasonable, the Court considers the 

hours expended, the reasonableness of the hourly rate charged, and the results obtained. Hensley 

v. Eckerhart, 461 U.S. 424, 434 (1983); Atkins v. Apfel, 154 F.3d 986, 988 (9th Cir. 1998) 

(applying Hensley to cases involving the EAJA). If the requested fees are not shown to be 

reasonable, then the Court may reduce the award. See Hensley, 461 U.S. at 433; Atkins, 154 F.3d 

at 988. 

DISCUSSION 

It is undisputed that Plaintiff is a prevailing party. Gutierrez v. Barnhart, 274 F.3d 1255, 

1257 (9th Cir. 2001) ("An applicant for disability benefits becomes a prevailing party for the 

purposes of the EAJA if the denial of her benefits is reversed and remanded regardless of 

whether disability benefits ultimately are awarded."). By stipulating to remand and the attorney's 

fees award, the Commissioner concedes its position in denying Plaintiffs application was not 

"substantially justified" and that no special circumstances render the requested award unjust. 

Having reviewed the stipulated motion, the Court finds Plaintiffs petition is proper and the 

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amount requested is reasonable. Therefore, Plaintiffs application (#27) for EAJA fees 1s 

GRANTED. Plaintiff is awarded $8,039.53 in attorney's fees pursuant to 28 U.S.C. § 2412. 

The amount of this award shall be paid to Plaintiffs attorney upon verification that 

Plaintiff validly assigned these EAJA fees to his attorney and that Plaintiff has no debt, which 

qualifies for offset against the award, pursuant to the Treasury Offset Program. See Astrue v. 

Ratliff, 560 U.S. 586, 589 (2010). If Plaintiff has no such debt and there is a valid assignment, 

then a check shall be made out to Plaintiffs attorney, and mailed to Plaintiffs attorney. If 

Plaintiff has a debt, and/or if there is no valid assignment, then a check for the remaining funds, 

after any offset of the debt, shall be made to Plaintiff and mailed to Plaintiffs attorney. Plaintiffs 

attorney's mailing address is as follows: 

Page 3 - ORDER 

Bruce Brewer 

P.O. Box 421 

West Linn, OR 97068 

United States Magistrate Judge 

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