(SS) Smith v. Commissioner of Social Security

I. INTRODUCTION

16 On April 7, 2022, Brian C. Shapiro (“Counsel”), counsel for Plaintiff Ben Smith (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 23.) On April 11, 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 May 2, 2022. (Doc. 26.) Plaintiff and the Acting Commissioner were served with copies of the motion for attorney’s fees and the minute order. (Docs. 26, 27.) Neither the Acting Commissioner nor Plaintiff filed any responses to the motion by the May 2, 2022, deadline (See Docket). The motion is therefore deemed unopposed.

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 For the…