(SS) Lauser v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJanuary 16, 20242:20-cv-02122California636 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERTA NUESTRO LAUSER, No. 2:20-cv-02122 CKD Plaintiff, v. ORDER COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant.

17 Based on 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an award of attorney fees in the amount of $46,942.25 for 68.6 hours of professional time devoted to the representation of plaintiff before this court in two federal actions. ECF No. 29. Counsel concedes that this amount should be offset in the amount of $12,460.70 for fees previously awarded under EAJA: $6,850.00 in the earlier case and $5,610.70 in the instant action. Defendant has filed a response and does not oppose the amount requested. ECF No. 30. 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment a…

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