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James S. v. Frank Bisignano, Commissioner of Social Security

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United States District Court, Southern District of CaliforniaDecember 22, 20253:21-cv-01832California1,090 words

Opinion

Trial Court Opinion

I. BACKGROUND

22 On October 28, 2021, Plaintiff filed this action seeking judicial review of the 23 Commissioner’s denial of his application for disability insurance benefits. ECF No. 1. On 24 April 5, 2023, following briefing on the merits, the Court vacated the Commissioner’s 25 denial of benefits and remanded the matter for further proceedings pursuant to sentence 26 four of 42 U.S.C. § 405(g). ECF No. 17. Thereafter, on joint motion of the Parties, the 27 Court entered an award of attorneys’ fees pursuant to the Equal Access to Justice Act 28 (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $4,100. ECF No. 19. On remand, the Commissioner granted Plaintiff’s application for benefits, and awarded past-due benefits in the amount of $123,313. See ECF No. 20- at 4. The Commissioner has withheld 25% of that amount, or $30,828.25, as potentially payable to Plaintiff’s attorney. Id. On October 21, 2025, Plaintiff filed his current fees motion. ECF No. 20. Plaintiff’s attorneys seek an award of fees in the amount of $20,000, with those attorneys to reimburse Plaintiff for the $4,100 in EAJA fees that the attorneys…

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