(SS) Brisk 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 CARL. P. BRISK, Case No. 1:21-cv-00430-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. 27) Social Security,1 15 Defendant. 16 17 I. Introduction 18 Jonathan Pena (“Counsel”), attorney for Carl P. Brisk (“Plaintiff”), filed a motion for 19 attorney fees pursuant to 42 U.S.C. § 406(b) on February 29, 2024. (Doc. 27.) Although served 20 with a copy of the motion, (Doc. 28), Plaintiff did not file a response. On March 7, 2024, the 21 Commissioner filed a response to the motion, indicating the Commissioner neither supports nor 22 opposes the request for attorney’s fees. (Doc. 29 at 3.) 23 Having considered the motion and record in this case, the Court will grant the motion in 24 the amount of $26,593.75, subject to an offset of $533.18 in fees already awarded pursuant to the 25 Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. 26 /// 27 1 Martin…