(SS) Tamayo 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 ESBEYDE ESPINOZA TAMAYO, CASE NO. 1:19-cv-00317-GSA 5 Plaintiff, 6 ORDER GRANTING MOTION FOR ATTORNEY v. FEES PURSUANT TO 42 U.S.C. 406(b) 7 (Doc. 26) 8 KILOLO KIJAKAZI, acting Commissioner of Social Security, 9 Defendant. 10

11 Laura E. Krank (The Law Offices of Lawrence D. Rohlfing, Inc., CPC), counsel for Esbeyde 12 Espinoza Tamayo, seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). Plaintiff was served a 13 copy of the motion on June 30, 2022 by mail with instruction to respond, if at all, within 14 days of 14 Plaintiff’s receipt thereof. Doc. 26 at 24. Plaintiff did not file a response. Defendant responded to the 15 motion summarizing the applicable law but providing no opposition thereto. For the reasons below, the 16 motion will be granted. 17 I. Background 18 Plaintiff entered into a contingent fee agreement with counsel which provides for attorney fees of 19 25% of the past due benefits awarded. Doc. 26-1. The agreement also provides that counsel would seek 20 fees pursuant to the Equal Access to Justice Act…