Martinez-Vazquez

Martinez-Vazquez v. Saul

Good Law
United States District Court, Southern District of CaliforniaJuly 14, 20233:20-cv-02084California800 words

Opinion

Trial Court Opinion

I. BACKGROUND

21 Plaintiff Amor M. filed this action seeking review of the Commissioner of Social 22 Security’s (“Commissioner”) denial of her application for social security disability 23 insurance benefits. Dkt. No. 1. The parties filed a Joint Motion to Remand, which the Court 24 granted. Dkt. Nos. 15-16. The Clerk of the Court entered judgment in favor of Plaintiff. 25 Dkt. No. 17. Pursuant to the parties’ Joint Motion, the Court awarded Plaintiff $1,700.00 26 in attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Dkt. 27 Nos. 18-19. 28 On remand, the Commissioner found Plaintiff disabled and awarded $127,518.00 in retroactive benefits. Dkt. No. 20. The Commissioner withheld $31,879.50 from the past due benefits in the event Plaintiff’s counsel requested payment of fees. Id. at 6. Through this Motion, Plaintiff’s counsel, Young Cho, seeks $16,000.00 in attorney’s fees (12.5% of the past due award) and requests the Court direct him to reimburse Plaintiff the $1,700.00 in EAJA fees awarded by the Court. Dkt. No. 20 at 20. The Commissioner does not object to the requested fee award and agrees the request…

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