(SS) Osborne v. Commissioner of Social Security
Opinion
Trial Court Opinion
I. INTRODUCTION
16 On August 6, 2019, counsel for Plaintiff Carmen Teresa Osborne (“Plaintiff”) filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 23.) On August 7, 2019, the Court issued a minute order requiring Plaintiff and the Commissioner to file their responses in opposition or statements of non-opposition to Plaintiff’s counsel’s motion, if any, by no later than September 3, 2019. (Doc. 24.) Plaintiff and the Commissioner were served with copies of the motion for attorney’s fees and the minute order. (Docs. 24, 26.) On August 7, 2019, the Commissioner filed a response, acknowledging that he was not a party to the contingent-fee agreement between Plaintiff and her counsel and therefore “not in a position to either assent or object to the fees that Counsel seeks from Plaintiff’s past-due benefits,” but nevertheless taking “no 26 On June 17, 2019, Andrew Saul became the Commissioner of the Social Security Administration. See https://www.ssa.gov/agency/commissioner.html (last visited by the court on August 26, 2019). He is therefore substituted as the…