(SS) Ness v. Commissioner of Social Security
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAURA L. NESS, Case No. 2:20-cv-00309-JDP (SS) 12 Plaintiff, ORDER 13 v. GRANTING PLAINTIFF’S MOTION FOR
ATTORNEY FEES UNDER THE EQUAL
14 MARTIN O’MALLEY, ACCESS TO JUSTICE ACT AND Commissioner of Social Security, GRANTING PLAINTIFF’S COUNSEL’S 15 MOTION FOR ATTORNEY FEES UNDER 42 Defendant. U.S.C. § 406(b) 16 ECF Nos. 26 & 28 17
18 19 Plaintiff prevailed in this action after the court granted her motion for summary judgment 20 and remanded the case for payment of benefits. See ECF Nos. 24 & 25. The Social Security 21 Administration (“SSA”) subsequently awarded her $153,537.00 in past-due benefits. See ECF 22 No. 28-2. On October 2, 2023, plaintiff filed a motion for attorney fees and costs under the Equal 23 Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1). ECF No. 26. That same day, plaintiff’s 24 counsel filed a motion seeking $38,384.25 in attorney fees under 42 U.S.C. § 406(b), subject to a…