Jorge Antonio Cruz v. Frank Bisignano, Commissioner of Social Security
Opinion
Trial Court Opinion
I. INTRODUCTION
17 On September 30, 2025, Laura E. Krank (“Counsel”), counsel for Plaintiff Jorge Antonio Cruz (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 21.) On October 1, 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, in accordance with the Court’s Local Rules. (Doc. 22.) Plaintiff and the Commissioner were served with a copy of the motion for attorney’s fees. (See Doc. 21 at 19.) On October 1, 2025, the Commissioner filed a response, indicating that he “neither supports nor opposes Counsel’s request for attorney fees under 42 U.S.C. § 406(b).” (See Doc. 23 at 2, 3.)
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. 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 …