(SS) Cervantez v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaFebruary 26, 20251:23-cv-00185California2,138 words

Opinion

Trial Court Opinion

I. INTRODUCTION

17 On January 27, 2025, Jonathan Omar Pena (“Counsel”), counsel for Plaintiff Susan Cervantez (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 24.) On January 28, 2025, 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, by no later than February 13, 2025. (Doc. 26.) Plaintiff and the Commissioner were served with a copy of the motion for attorney’s fees. (See Doc. 25.) No opposition to the motion was filed by any party. For the reasons set forth below, Counsel’s motion for an award of attorney’s fees is granted 26 1 On February 19, 2025, Leland Dudek was appointed the Acting Commissioner of the Social Security Administration. See https://blog.ssa.gov/statement-from-acting-commissioner-dudek/ (last visited by the Court on February 24, 2025). 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 holding…

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