(SS) Cargill v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVE W. CARGILL, No. 2:16-cv-949-KJN Plaintiff, ORDER v. (ECF No. 34) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Presently pending before the court is counsel for plaintiff Jared Walker’s motion for attorney’s fees pursuant to 42 U.S.C. § 406(b), filed on April 12, 2021. (ECF No. 34.)1 Plaintiff’s counsel seeks an award of $20,919.25 (25% of plaintiff’s past due benefits). After a refund to plaintiff of $19,370.44 for the previously-awarded EAJA fee, counsel would obtain a Section 406(b) award of $1,548.81. The Commissioner filed a brief response to counsel’s motion (ECF No. 36), and did not alert the court to any issues in its role as trustee. For the reasons stated below, the court grants the motion for attorneys’ fees under 42 U.S.C. § 406(b), and orders counsel refund the previously-awarded EAJA fee. ///

1 This case was initially referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15), and both…