(SS) Mize v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MONIQUE MIZE, No. 2:18-cv-03202 AC 12 Plaintiff, 13 v. ORDER 14 ANDREW SAUL, Commissioner of Social Security, 15 16 Defendant. 17 18 Plaintiff sought judicial review of a final decision of the Commissioner of Social Security 19 (“Commissioner”), denying his application for a period of disability and disability insurance 20 benefits (“DIB”) benefits under Title II of the Social Security Act (“the Act”). On February 3, 21 2020, the court granted plaintiff’s motion for summary judgment, denied the Commissioner’s 22 cross-motion for summary judgment, and remanded the action to the Commissioner with 23 instructions to award benefits. ECF No. 20. 24 Now pending before the court is plaintiff’s September 4, 2020 motion for an award of 25 attorney’s fees pursuant to 42 U.S.C. § 406(b). ECF No. 23. On September 18, 2020, defendant 26 filed a response asserting that defendant “is not in a position to either assent or 27 //// 28 //// 1 object” to the fee…