(SS) Rhoades 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 JEFFREY R. RHOADES, No. 2:18-cv-1264-JAM KJN 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. (ECF No. 25.)

14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Presently pending before the court is counsel for plaintiff John David Metsker’s motion 18 for attorneys’ fees pursuant to 42 U.S.C. § 406(b), filed on October 7, 2020. (ECF No. 25.)1 19 Plaintiff’s counsel seeks an award of $14,047.41 (25% of plaintiff’s past due benefits of 20 $56,189.64 as calculated by the Commissioner of Social Security.) The Commissioner filed a 21 response to counsel’s motion pursuant to its role as trustee. (ECF No. 28.) The Commissioner 22 took no position on the reasonableness of the fee, but asserted that the EAJA fee previously paid 23 to plaintiff’s counsel should be refunded to plaintiff (and not offset, as counsel requested.) 24 The court grants the motion for attorneys’ fees in part under 42 U.S.C. § 406(b). 25 /// 26 /// 27 1 This case was referred to the…