(SS) Gibson v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

4 CARRIE MAE GIBSON, CASE NO. 1:18-cv-00495-GSA 5 Plaintiff, ORDER GRANTING MOTION FOR ATTORNEY v. FEES PURSUANT TO 42 U.S.C. 406(b) 7 (Doc. 18) KILOLO KIJAKAZI, acting Commissioner of Social Security, 9 Defendant.

Denise Bourgeois Haley (Law Offices of Lawrence D. Rohlfing), counsel for Plaintiff Carrie Gibson, seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). Plaintiff was served a copy of the motion on December 20, 2021 by mail (Doc. 18) with instruction to respond, if at all, within 14 days of her receipt thereof. She did not file a response. Defendant responded to the motion summarizing the applicable law but providing no opposition thereto. For the reasons below, the motion will be granted. I. Background Plaintiff entered into a contingent fee agreement with counsel which provides for attorney fees of 25% of the past due benefits awarded Doc. 18-1. The agreement also provide that counsel would seek fees pursuant to the Equal Access to Justice Act (EAJA), fees which would…