(SS) Martinez v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJanuary 17, 20201:14-cv-00385California2,333 words

Opinion

Trial Court Opinion

I. INTRODUCTION

16 On December 17, 2019, counsel for Plaintiff Rene Raul Martinez filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b). (Doc. 30.) On December 18, 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 January 8, 2020. (Doc. 31.) Plaintiff and the Commissioner were served with copies of the motion for attorney’s fees and the minute order. (Docs. 32, 33.) On January 8, 2020, the Commissioner filed a response taking no position on Plaintiff’s motion, noting that “the Commissioner’s role in this matter is one ‘resembling that of a trustee for the claimants’” and providing an “analysis of the fee request.” (Doc. 34.) Plaintiff did not file any objection to the motion by the January 8, 2020

26 1 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 27 therefore substituted as the defendant in this…

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