(SS) Telly v. Commissioner of Social Security

I. INTRODUCTION

17 On February 18, 2022, Jonathan O. Pena (“Counsel”), counsel for Plaintiff Gilbert John Telly (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 28.) On February 22, 2022, the Court issued a minute order requiring Plaintiff and the Acting Commissioner to file their responses in opposition or statements of non- opposition to Counsel’s motion, if any, by no later than March 22, 2022. (Doc. 30.) Plaintiff and the Acting Commissioner were served with copies of the motion for attorney’s fees and the minute order. (Docs. 30, 31.) On March 14, 2022, the Acting Commissioner filed a response, acknowledging that they

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) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding the Office were not a party to the contingent-fee agreement between Plaintiff and Counsel and therefore…