(SS) Kelton v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 19, 20241:21-cv-00917California1,596 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KATHARINA KELTON, Case No. 1:21-cv-00917-SAB

Plaintiff, ORDER GRANTING PETITIONER’S

MOTION FOR ATTORNEY FEES

v. PURSUANT TO 42 U.S.C. § 406(b)

COMMISSIONER OF SOCIAL SECURITY, (ECF Nos. 18, 19, 20) Defendant.

16 Petitioner Francesco P. Benavides (“Counsel”), attorney for Katharina Kelton (“Plaintiff”), filed the instant motion for attorney fees on October 31, 2024. Counsel requests fees in the amount of $12,600.00 pursuant to 42 U.S.C. § 406(b)(1). Plaintiff has not objected to the request and the time to do so has passed. On November 4, 2024, Defendant Social Security Commissioner, as a de facto trustee for Plaintiff, filed a response to Petitioner’s motion providing an analysis of the fee request. I. BACKGROUND Plaintiff filed the instant complaint challenging the denial of social security benefits on June 10, 2021. (ECF No. 1.) On April 22, 2022, a stipulation…

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