(SS) Tamayo v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

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