(SS) Blancett v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMay 15, 20231:20-cv-00253California2,553 words

Opinion

Trial Court Opinion

I. INTRODUCTION

16 On April 18, 2023, Jacqueline A. Forslund (“Counsel”), counsel for Plaintiff Donna J. Blancett (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) (“section 406(b)”). (Doc. 30.) On April 19, 2023, the Court issued a minute order requiring Plaintiff and the Acting Commissioner to file their responses in opposition or statements of non-opposition to Counsel’s motion, if any, by no later than May 2, 2023. (Doc. 31.) Plaintiff and the Acting Commissioner were served with copies of the motion for attorney’s fees. (Doc. 30.) On May 1, 2023, the Acting Commissioner filed a response, acknowledging that they were not a party to the contingent-fee agreement between Plaintiff and Counsel and therefore “not in a position to either assent or object to the § 406(b) fees that Counsel seeks from Plaintiff’s past-due

1 On July 9, 2021, Kilolo Kijakazi was named Acting Commissioner of the Social Security Administration. See https://www.ssa.gov/history/commissioners.html. She is therefore substituted as the defendant in this action. See 42 U.S.C. § 405(g) (referring to the…

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