(SS) Martinez v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

4 Anthony Benjamin Martinez, CASE NO. 1:21-cv-1440-GSA 5 Plaintiff, ORDER GRANTING MOTION FOR ATTORNEY v. FEES PURSUANT TO 42 U.S.C. 406(b) 7 (Doc. 21) 8 Commissioner of Social Security, 9 Defendant.

Plaintiff’s counsel, Francesco Paulo Benavides, seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). I. Background Plaintiff entered into a contingent fee agreement with counsel which provides for attorney fees of up to 25% of the past due benefits awarded. Doc. 21-3. The agreement also provides that counsel would seek fees pursuant to the Equal Access to Justice Act (EAJA), fees which would be refunded in the event of an award of past due benefits and payment of the 25% contingency fee. Id. Plaintiff filed a complaint in this Court on September 28, 2021, appealing the Commissioner’s decision denying his application for benefits. Plaintiff filed his motion for summary judgment (Doc. 14), after which the parties stipulated to remand to the agency for further proceedings (Docs. 16–18), and 21 …