(SS) Encinas v. Commissioner of Social Security

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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4 JULIO C. ENCINAS, CASE NO. 1:19-cv-00470-GSA 5 Plaintiff, 6 ORDER GRANTING MOTION FOR ATTORNEY v. FEES PURSUANT TO 42 U.S.C. 406(b) 7 (Doc. 37) 8 KILOLO KIJAKAZI, acting Commissioner of Social Security, 9 Defendant. 10

11 Jonathan Omar Pena, counsel for Plaintiff Julio C. Encinas, seeks an award of attorney fees 12 pursuant to 42 U.S.C. § 406(b). Plaintiff was served a copy of the motion on June 27, 2022 by mail with 13 instruction to respond, if at all, within 14 days of his receipt thereof. Doc. 37 at 9. Plaintiff did not file 14 a response. Defendant responded to the motion summarizing the applicable law but providing no 15 opposition thereto. For the reasons below, the motion will be granted. 16 I. Background 17 Plaintiff entered into a contingent fee agreement with counsel which provides for attorney fees of 18 25% of the past due benefits awarded. Doc. 37-2. The agreement also provide that counsel would seek 19 fees pursuant to the Equal Access to Justice Act (EAJA), fees which would be refunded in the event of an 20 …