(SS) Mize v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaOctober 14, 20202:18-cv-03202California1,205 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONIQUE MIZE, No. 2:18-cv-03202 AC Plaintiff, v. ORDER ANDREW SAUL, Commissioner of Social Security, 15 Defendant. 17 Plaintiff sought judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), denying his application for a period of disability and disability insurance benefits (“DIB”) benefits under Title II of the Social Security Act (“the Act”). On February 3, 2020, the court granted plaintiff’s motion for summary judgment, denied the Commissioner’s cross-motion for summary judgment, and remanded the action to the Commissioner with instructions to award benefits. ECF No. 20. Now pending before the court is plaintiff’s September 4, 2020 motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b). ECF No. 23. On September 18, 2020, defendant filed a response asserting that defendant “is not in a position to either assent or //// //// object” to the fee…

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