(SS) Wuest v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KARL JON-PAUL WUEST, Case No. 1:21-cv-00716-BAM 12 Plaintiff, ORDER GRANTING MOTION FOR

AUTHORIZATION OF ATTORNEY’S

13 v. FEES UNDER 42 U.S.C. § 406(b) 14 MARTIN O’MALLEY, Commissioner of (Doc. 20) Social Security,1 15 Defendant. 16 17 I. Introduction 18 Roger Drake (“Counsel”), attorney for Karl Jon-Paul Wuest (“Plaintiff”), filed a motion 19 for attorney fees pursuant to 42 U.S.C. § 406(b) on January 31, 2024. (Doc. 20.) Although 20 served with a copy of the motion, (id. at 9), Plaintiff did not file a response. On March 15, 2023, 21 the Commissioner filed a response to the motion, indicating the Commissioner neither supports 22 nor opposes the request for attorney’s fees. (Doc. 21.) 23 Having considered the motion and record in this case, the Court will grant the motion in 24 the amount of $10,229.75, subject to an offset of $3,600.00 in fees already awarded pursuant to 25 the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. 26 /// 27 1…