(SS) Westfall v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 8, 20212:19-cv-00957California1,310 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLENN A. WESTFALL, No. 2:19-cv-0957 DB Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security,1 15 Defendant. 17 Plaintiff brought this action seeking judicial review of a final administrative decision denying an application for Disability Insurance Benefits under Title II of the Social Security Act.2 On September 17, 2020, the court granted plaintiff’s motion for summary judgment and remanded this matter for the award of benefits. (ECF No. 17.) On May 25, 2021, counsel for plaintiff filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b). (ECF No. 23.) At the outset of the representation, plaintiff and

25 1 After the filing of this action Kilolo Kijakazi was appointed Acting Commissioner of Social Security and has, therefore, been substituted as the defendant. See 42 U.S.C. § 405(g) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding the…

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