McDade -v- Berryhill

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANIEL ANTHONY MCDADE, Case No. 17-cv-00763-JCS

8 Plaintiff,

ORDER REGARDING MOTIONS FOR

9 v. ATTORNEYS’ FEES

10 ANDREW SAUL, Re: Dkt. Nos. 29, 35 Defendant. 11

12 I. INTRODUCTION 13 Plaintiff Daniel Anthony McDade brought this action challenging the decision of the 14 Commissioner of Social Security (the “Commissioner”)1 denying his application for disability 15 benefits. The Court previously granted McDade’s motion for summary judgment, denied the 16 Commissioner’s motion for summary judgment, and remanded the case to the Commissioner with 17 instructions to award McDade benefits. McDade’s counsel Lawrence Rohlfing now moves for an 18 award of attorneys’ fees from the Commissioner pursuant to the Equal Access to Justice Act (the 19 “EAJA”) and for an order approving fees from McDade’s award of benefits pursuant to 42 U.S.C. 20 § 406(b) and McDade’s fee agreement with Rohlfing. For the reasons discussed below, both 21 motions are GRANTED in part and…