(SS) Davis v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES DAVIS, No. 2:20-cv-01197 CKD Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security, 15 Defendant.
17 Based on 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an award of attorney fees in the amount of $30,689.23 for 52.75 hours of professional time devoted to the representation of plaintiff before this court in two federal actions. See also Davis v. Commissioner, 2:17-cv-02670 DB (E.D. Cal.) (“Davis I”). (ECF No. 34.) Counsel concedes that this amount should be offset in the amount of $10,689.23 for fees previously awarded under EAJA, an amount based on the total combined EAJA award in both cases. See Davis I, ECF No. 28 (awarding $4,300.00 in EAJA fees), Davis II, ECF No. 33 (awarding $6,389.23 in EAJA fees). Defendant has filed a response. (ECF No. 36.) 42 U.S.C. § 406(b)(1)(A) provides, in relevant part:
1 The court refers to the instant action as Davis…