Submitted September 8, 2008.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed September 15, 2008.
James Hunt Miller, Esq., Oakland, CA, for Plaintiff-Appellant.
Sara Winslow, Esq., Office of the U.S. Attorney, Peter K. Thompson, Gov., Social Security Administration, Office of the General Counsel, San Francisco, CA, for Defendant-Appellee.
Appeal from the United States District Court for the Northern District of California, Edward M. Chen, Magistrate Judge, Presiding. D.C. No. CV-05-03930-EMC.
Before: PREGERSON, McKEOWN and N.R. SMITH, Circuit Judges.
The joint motion for attorneys' fees pursuant to the Equal Access to Justice Act is granted. See 28 U.S.C. § 2412(d). Attorneys' fees in the amount of $3,550.00 are awarded in favor of appellant. See 9th Cir. R. 39-1.6; 9th Cir. Gen. Ord. 6.3(a) App. A, ¶ 50.
The joint motion for a full remand is granted, and the district court's judgment entered January 25, 2007 is vacated and remanded.
Pursuant to sentence four of 42 U.S.C. § 405(g), the district court shall remand the case to the Commissioner of Social Security for further administrative proceedings.