(SS) Esquivel v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSEGUADALUPE ESCOTO ESQUIVEL, ) Case No.: 1:14-cv-1902- JLT ) Plaintiff, ) ORDER GRANTING IN PART COUNSEL’S ) MOTION FOR ATTORNEY FEES PURSUANT v. ) TO 42 U.S.C. § 406(b) ) COMMISSIONER OF SOCIAL SECURITY, ) (Doc. 31) ) Defendant. ) )

Lawrence D. Rohlfing, counsel for Joseguadalupe Escoto Esquivel, seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). (Doc. 31) Plaintiff has not responded to the motion. The Commissioner, in a role resembling that of a trustee to Plaintiff, opposes the motion to the extent the request by counsel exceeds the maximum permitted under Section 406(b). (Doc. 35) For the following reasons, the motion for fees is GRANTED in part, in the modified amount of $13,657.88. I. Relevant Background Plaintiff entered into a contingent fee agreement with the Law Offices of Lawrence D. Rohlfing on May 4, 2015. (Doc. 31-1) The agreement entitled counsel to an award of “25% of all past due 25 …