(SS) Gabriel v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaDecember 19, 20231:21-cv-00390California978 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TRENTON LYDELL GABRIEL, Case No. 1:21-cv-00390-CDB (SS)

Plaintiff, ORDER GRANTING MOTION FOR

ATTORNEY’S FEES PURSUANT TO THE

v. EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) COMMISSIONER OF SOCIAL SECURITY, (Doc. 28) Defendant. 16 Pending before the Court is the motion for attorney’s fees of Plaintiff Trenton Lydell Gabriel (“Plaintiff”) pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (Doc. 28). Defendant the Commissioner of Social Security (“Defendant”) did not file an opposition to the motion and the time within which to do so has passed. See Local Rule 230.2 Plaintiff requests an award of attorney’s fees to counsel for Plaintiff, Jonathan O. Pena. Id. On August 31, 2023, the Court issued an order remanding this action for further proceedings under sentence four 42 U.S.C. § 405(g). (Doc. 26). The Court found “the ALJ discussed the relevant medical evidence ‘but failed to link’ Plaintiff’s testimony to the medical…

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