Paul Garcia v. Frank Bisignano, Commissioner of Social Security

I. INTRODUCTION

17 18 On October 6, 2025, Jonathan O. Pena (“Counsel”), counsel for Plaintiff Paul Garcia 19 (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 20 406(b)”). (Doc. 23.) On October 7, 2025, the Court issued a minute order requiring Plaintiff and 21 the Commissioner to file their responses in opposition or statements of non-opposition to Counsel’s 22 motion, if any, in accordance with the Court’s Local Rules. (Doc. 25.) Plaintiff and the 23 Commissioner were served with a copy of the motion for attorney’s fees. (See Doc. 24.) 24 On October 29, 2025, the Commissioner filed a response, indicating that he “neither supports 25 26

27 1 On May 6, 2025, Frank Bisignano was appointed the Commissioner of the Social Security Administration. See https://www.ssa.gov/news/press/releases/2025/#2025-05-07. He is therefore substituted as the defendant in this action. 28 See 42 U.S.C. § 405(g) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding the 1 nor opposes Counsel’s request for attorney fees under 42 U.S.C. § 406(b).”2 (See Doc. 28 at 2, 4.) 2 …