(SS) Ness v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAURA L. NESS, Case No. 2:20-cv-00309-JDP (SS) Plaintiff, ORDER v. GRANTING PLAINTIFF’S MOTION FOR

ATTORNEY FEES UNDER THE EQUAL

MARTIN O’MALLEY, ACCESS TO JUSTICE ACT AND Commissioner of Social Security, GRANTING PLAINTIFF’S COUNSEL’S MOTION FOR ATTORNEY FEES UNDER 42 Defendant. U.S.C. § 406(b) 16 ECF Nos. 26 & 28

18 Plaintiff prevailed in this action after the court granted her motion for summary judgment and remanded the case for payment of benefits. See ECF Nos. 24 & 25. The Social Security Administration (“SSA”) subsequently awarded her $153,537.00 in past-due benefits. See ECF No. 28-2. On October 2, 2023, plaintiff filed a motion for attorney fees and costs under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1). ECF No. 26. That same day, plaintiff’s counsel filed a motion seeking $38,384.25 in attorney fees under 42 U.S.C. § 406(b), subject to a…