(SS) Martinez v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

4 GABRIEL MARTINEZ, CASE NO. 1:21-cv-00431-GSA 5 Plaintiff, ORDER GRANTING MOTION FOR ATTORNEY v. FEES PURSUANT TO 42 U.S.C. 406(b) 7 (Doc. 17) 8 Commissioner of Social Security, 9 Defendant.

Law Offices of Lawrence D. Rohlfing, Inc., CPC, counsel for Plaintiff, seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). Plaintiff was served a copy of the motion by mail with instruction to respond, if at all, within 14 days. Doc. 17 at 19. Plaintiff did not file a response. Defendant responded to the motion summarizing the applicable law but taking no position on the reasonableness of the fee request. Doc. 18. A reply was filed on June 6, 2024. Doc. 19. For the reasons below, the motion will be granted. I. Background Plaintiff entered into a contingent fee agreement with counsel which provides for attorney fees of 25% of the past due benefits awarded. Doc. 17-1. The agreement also provides that counsel would seek fees pursuant to the Equal Access to Justice Act (EAJA), fees which…