(SS) Silveira v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY J. SILVEIRA, III, No. 2:19-933-KJN Plaintiff, ORDER v. (ECF No. 34) COMMISSIONER OF SOCIAL
SECURITY,
15 Defendant. 16 Presently pending before the court is counsel for plaintiff Jesse Kaplan’s motion for attorney’s fees pursuant to 42 U.S.C. § 406(b), filed on April 12, 2021. (ECF No. 32.)1 Plaintiff’s counsel seeks an award of $16,450 (25% of plaintiff’s past due benefits). After a refund to plaintiff of $4,450 for the previously-awarded EAJA fee, counsel would obtain a Section 406(b) award of $12,000. The Commissioner was ordered to file a response in its role as trustee, but did not do so; thus, the court presumes non-opposition. 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 parties voluntarily…