(SS) Ward v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

4 Bernard Ward, Case No. 1:21-cv-00402-GSA-JLT 5 Plaintiff, FINDINGS AND RECOMMENDATION TO v. GRANT MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. 406(b)

8 Commissioner of Social Security, 9 Defendant.

Plaintiff’s counsel Jonathan O. Peña seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). Doc. 29. Counsel served Plaintiff by mail with a copy of the motion which notified Plaintiff of the right to respond, if at all, within 14 days of the motion. Doc. 29 at 1; Doc. 30. Plaintiff did not file a response. Defendant filed a response summarizing the applicable law but taking no position on the merits of the fee request. Doc. 30. 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. 29-2. 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…