(SS) Shaban v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaFebruary 24, 20221:19-cv-00111California1,886 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TERESA MARIE SHABAN, Case No. 1:19-cv-00111-SAB

Plaintiff, ORDER GRANTING PETITIONER’S

MOTION FOR ATTORNEY FEES

v. PURSUANT TO 42 U.S.C. § 406(b)

COMMISSIONER OF SOCIAL (ECF Nos. 29, 30)

SECURITY,

15 Defendant. 16 I. INTRODUCTION Petitioner Cyrus Safa (“Counsel” or “Petitioner”), attorney for Teresa Marie Shaban (“Plaintiff”), filed the instant amended motion for attorney fees on January 3, 2022. (ECF No. 29.) Counsel requests fees in the net amount of $5,400.00 pursuant to 42 U.S.C. § 406(b)(1), with a credit to Plaintiff for the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (“EAJA”) fee in the amount of $3,000.00. Plaintiff did not file an opposition to the request. On January 4, 2022, the Commissioner of Social Security (“Defendant”) filed a response, specifying the filing was made in a role resembling that of trustee for Plaintiff, and that Defendant takes no position on the reasonableness of…

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