(SS) Martinez v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LYNDA J. MARTINEZ, No. 2:20-cv-619-KJN Plaintiff, ORDER v. (ECF No. 25.) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 On July 2, 2021, the undersigned granted plaintiff’s motion to remand the case to the Commissioner for further proceedings. (ECF No. 20.) The parties stipulated to an award of fees and costs under the Equal Access to Justice Act (“EAJA”). (ECF Nos. 23-24.) On remand, an administrative law judge determined plaintiff had been disabled and awarded past benefits. (See ECF No. 25-2.) Plaintiff’s counsel now moves for attorney’s fees under 42 U.S.C. § 406(b), seeking an award of $26,717.28, or approximately 25% of plaintiff’s past due benefits. (ECF No. 25.) For the reasons that follow, the undersigned GRANTS the motion for attorney’s fees under 42 U.S.C. § 406(b). /// 27 1 This case was referred to the undersigned by Local Rule 302(c)(15), and all parties consented to the jurisdiction of a…