(SS) Garcia v. Commissioner of Social Security

I. INTRODUCTION

16 On August 20, 2024, Francisco Benavides, Esq. (“Counsel”), counsel for Plaintiff Virginia Rosa Garcia (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 17.) On August 21, 2024, the Court issued a minute order requiring Plaintiff and the Commissioner to file their responses in opposition or statements of non-opposition to Counsel’s motion, if any, in accordance with this Court’s Local Rules. (Doc. 18.) Plaintiff and the Commissioner were served with copies of the motion for attorney’s fees and the minute order. (See Docket.) On August 27, 2024, the Commissioner timely filed a response, acknowledging he “has no direct financial stake in the outcome of this motion,” and instead “plays a part in the fee

1 On December 20, 2023, Martin O’Malley was named Commissioner of the Social Security Administration. See https://www.ssa.gov/history/commissioners.html. He is therefore substituted as the defendant in this action. See 42 U.S.C. § 405(g) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person…