(SS) Marin v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CECILIA MARIN, Case No. 1:20-cv-00429-CDB (SS)

Plaintiff, ORDER GRANTING PLAINTIFF’S

MOTION FOR ATTORNEY’S FEES

v. PURSUANT TO 42 U.S.C. § 406(b)

COMMISSIONER OF SOCIAL (Doc. 32)

SECURITY,

15 Defendant. 16 17 Pending before the Court is the motion of Jonathan O. Peña, counsel for Plaintiff, for an award of attorney fees in the amount of $29,553.00. (Doc. 32). Defendant filed a response in which he asserts that any order granting the requested award should require counsel for Plaintiff to refund the previously awarded Equal Access to Justice Act (EAJA) fee of $8,500.00. (Doc. 35 p. 4). On April 9, 2021, the Court granted Plaintiff’s request for judicial review and remanded this case for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 26). On remand, Plaintiff was awarded past due Title XVI benefits in the amount of $118,212.00. (Doc. 32-1 p. 3).

27 1 The parties have consented to the…