(SS) Pires v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMarch 3, 20232:20-cv-01073California1,404 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOE PIRES, No. 2:20-cv-1073-KJN Plaintiff, ORDER v. (ECF Nos. 26, 28) COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 Presently before the court is counsel for plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b), seeking a total award of $23,786.30, or 25% of plaintiff’s past-due benefits.1 Plaintiff’s counsel agrees to credit plaintiff $4,811.75 for EAJA fees previously paid. (ECF No. 26 at 2.) The Commissioner neither assents nor objects to the fee request and takes no position on the reasonableness of the request. (ECF No. 28.) For the reasons that follow, the undersigned grants the motion for attorney’s fees in the amount of $18,064.70, with reimbursement to Pires of $4,811.75 in previously awarded EAJA fees.2

1 This matter is before the undersigned pursuant to 28 U.S.C. § 636(c) based on the consent of all 26 parties. (ECF Nos. 3, 7, 9.) 27 2 Plaintiff already received $5,721.30 of the $23,786.30 in…

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