(SS) Clark v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaDecember 16, 20241:22-cv-01139California1,570 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

BRIAN RECTOR CLARK, Case No. 1:22-cv-01139-SAB

Plaintiff, ORDER GRANTING PETITIONER’S

MOTION FOR ATTORNEY FEES

v. PURSUANT TO 42 U.S.C. § 406(b)

COMMISSIONER OF SOCIAL SECURITY, (ECF No. 17) Defendant.

16 Petitioner Francesco P. Benavides (“Counsel”), attorney for Brian Rector Clark (“Plaintiff”), filed the instant motion for attorney fees on November 26, 2024. Counsel requests fees in the amount of $14,000.00 pursuant to 42 U.S.C. § 406(b)(1). Plaintiff has not filed an opposition, or otherwise responded to the motion for fees. On December 10, 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 a complaint challenging the denial of social security benefits on September 7, 2022. (ECF No. 1.) On March 7, 2023, a stipulation for voluntary…

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