(SS) Kent v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaApril 6, 20232:21-cv-00425California1,732 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES KENT, Case No. 2:21-cv-00425-JAM-JDP (SS) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S MOTIONS FOR

v. ATTORNEY’S FEES UNDER THE EQUAL

ACCESS TO JUSTICE ACT AND 42 U.S.C. §

KILOLO KIJAKAZI, Acting 406(b) BE GRANTED Commissioner of Social Security, ECF Nos. 21 & 22 Defendant. OBJECTIONS DUE WITHIN FOURTEEN

DAYS

17 Plaintiff prevailed in this action after the parties stipulated to voluntary remand and entry of judgment under 42 U.S.C. § 405(g). See ECF Nos. 19 & 20. In July 2022, plaintiff filed a motion for an award of attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1). ECF No. 21. While that motion was pending, the Social Security Administration (“SSA”) found plaintiff disabled and awarded him $61,024 in past-due benefits. ECF No. 22-1. Plaintiff’s counsel then filed a motion for an…

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