(SS) Isaac v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaSeptember 20, 20191:16-cv-00232California2,294 words

Opinion

Trial Court Opinion

I. INTRODUCTION

16 On August 8, 2019, counsel for Plaintiff Toni Lynn Isaac (“Plaintiff”) filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b). (Doc. 21.) On the same date, 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 5, 2019. (Doc. 22.) Plaintiff and the Commissioner were served with copies of the motion for attorney’s fees and the minute order. (Doc. 27.) On August 20, 2019, the Commissioner filed a response, acknowledging that he was not a party to the contingent-fee agreement between Plaintiff and her counsel and is therefore “not in a position to either assent or object to the § 406(b) fees that Counsel seeks from Plaintiff’s past-due 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 September 13, 2019). He is therefore substituted as the defendant in this action. See 42 U.S.C. § 405(g)…

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