(SS) Higgins v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHELLE A. HIGGINS, No. 2:19–cv–1593–KJM–KJN Plaintiff, FINDINGS & RECOMMENDATIONS TO

GRANT ATTORNEY’S FEES UNDER

v. 42 U.S.C. §§ 406(B) AND 1383(D) COMMISSIONER OF SOCIAL (ECF No. 26)

SECURITY,

15 Defendant.

17 Presently before the court is plaintiff’s counsel Robert Weems’ motion for attorney’s fees pursuant to 42 U.S.C. § 406(b), which the court construes as a motion for attorney’s fees under 42 U.S.C. § 1383(d). (ECF No. 26.) The Commissioner filed an advisory response, and the undersigned took the motion under submission. (ECF Nos. 27, 28.) For the following reasons, the undersigned recommends GRANTING the motion for attorney’s fees but ordering plaintiff’s counsel to refund to plaintiff the prior Equal Access to Justice Act (“EAJA”) award, rather than ordering a “net” award as requested by counsel. /// ///

This case was referred to the undersigned pursuant to Local Rule 302(c)(15). …