(SS) Her v. Commissioner of Social Security

I. INTRODUCTION

13 On July 27, 2020, Young Cho (“Counsel”), counsel for Plaintiff Chue Hue Her (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 1383(d)(2)(B). (Doc. 24.) On July 28, 2020, the Court issued a minute order requiring Plaintiff and the Commissioner to file a response in opposition or statement of non-opposition to Counsel’s motion, if any, by no later than August 17, 2020. (Doc. 25.) On August 17, 2020, the Commissioner filed a response in his role “resembling that of a trustee” for Plaintiff, acknowledging that he was not a party to the contingent-fee agreement between Plaintiff and 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 position on the reasonableness of the request.” (See Doc. 26 at 2, 9.) The Commissioner does object, however, to Counsel’s request that the Court award a “net fee.” (Id. at 4–9.) Concerned that Plaintiff was not served with the minute order setting the deadline to 26 On June 17, 2019, …