(SS) Garcia v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMarch 14, 20241:20-cv-01366California2,258 words

Opinion

trial_court Opinion

I. INTRODUCTION

16 17 On February 12, 2024, Jared Walker, Esq. (“Counsel”), counsel for Plaintiff Georgina E. 18 Garcia (“Plaintiff”), filed a motion for an award of attorney’s fees pursuant to 42 U.S.C. § 406(b) 19 (“section 406(b)”). (Doc. 20.) On February 13, 2024, the Court issued a minute order requiring 20 Plaintiff and the Commissioner to file their responses in opposition or statements of non-opposition 21 to Counsel’s motion, if any, in accordance with this Court’s Local Rules. (Doc. 21.) Plaintiff and 22 the Commissioner were served with copies of the motion for attorney’s fees and the minute order. 23 (Doc. 20 at 8; Doc. 22.) 24 On February 22, 2024, the Commissioner timely filed a response, acknowledging he “has 25 no direct financial stake in the outcome of this motion,” and instead “plays a part in the fee 26

27 1 On December 20, 2023, Martin O’Malley was named Commissioner of the Social Security Administration. See https://www.ssa.gov/history/commissioners.html. He is therefore substituted as the defendant in this action. See 42 28 U.S.C. § 405(g) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding…

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