(SS) Rhoades v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFFREY R. RHOADES, No. 2:18-cv-1264-JAM KJN Plaintiff, FINDINGS AND RECOMMENDATIONS v. (ECF No. 25.)
COMMISSIONER OF SOCIAL
SECURITY,
15 Defendant. 16 Presently pending before the court is counsel for plaintiff John David Metsker’s motion for attorneys’ fees pursuant to 42 U.S.C. § 406(b), filed on October 7, 2020. (ECF No. 25.)1 Plaintiff’s counsel seeks an award of $14,047.41 (25% of plaintiff’s past due benefits of $56,189.64 as calculated by the Commissioner of Social Security.) The Commissioner filed a response to counsel’s motion pursuant to its role as trustee. (ECF No. 28.) The Commissioner took no position on the reasonableness of the fee, but asserted that the EAJA fee previously paid to plaintiff’s counsel should be refunded to plaintiff (and not offset, as counsel requested.) The court grants the motion for attorneys’ fees in part under 42 U.S.C. § 406(b). /// /// 27 1 This case was referred to the…