(SS) Suon v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 30, 20212:19-cv-01654California1,441 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SARATH SUON, No. 2:19-CV-1654 KJN Plaintiff, ORDER v. (ECF No. 27) 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 October 25, 2021. (ECF No. 27.)1 Plaintiff’s counsel seeks an award of $14,275.50 (25% of plaintiff’s past due benefits). After a refund to plaintiff of $5,477.70 for the previously-awarded EAJA fee, counsel would obtain a Section 406(b) award of $8,797.80. 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. /// 26 1 This case was initially referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15), and both…

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