(SS) Downey v. Commissioner of Social Security

I. INTRODUCTION

15 On February 20, 2014, Sengthiene Bosavanh (“Counsel”), counsel for Plaintiff Willard Downey (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 34.) Plaintiff (see Doc. 34-5) and Defendant Acting Commissioner of Social Security (through the Court’s CM/ECF system) were served with copies of the motion for attorney’s fees. (See Doc. 34-5.) Neither Plaintiff nor Defendant has filed any opposition to the motion since its filing in 2014. The motion is therefore deemed unopposed. For the reasons set forth below, Plaintiff’s counsel’s unopposed motion for an award of attorney’s fees is granted in the amount of $44,735.28, subject to an offset of $7,777.02 in fees previously awarded pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), on April 11, 2012 (see Doc. 33).

1 On July 9, 2021, Kilolo Kijakazi was named Acting Commissioner of the Social Security Administration. See https://www.ssa.gov/history/commissioners.html. She is therefore substituted as the defendant in this action. See 42 U.S.C. § 405(g)…