IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 10, 2010
MARILYN S. CLARK, PLAINTIFF,
JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Plaintiff, who is proceeding with retained counsel, brought this action for judicial review of a final decision of the Commissioner of Social Security under 42 U.S.C. § 405(g). Final judgment was entered on September 27, 2006. Pursuant to stipulation, the court awarded plaintiff's counsel EAJA fees in the amount of $2, 774.00 on November 16, 2006. Pending before the court is counsel's motion for under 42 U.S.C. § 406(b) for fees in the aggregate amount of $12,394.35 (Doc. 23). On October 2, 2009, the court directed defendant to file a response to the motion. On October 20, 2009, defendants filed a statement of non-opposition. Having reviewed counsel's motion and defendant's statement of non-opposition thereto, and good cause appearing therefor, counsel's motion is granted. Counsel is awarded fees under § 406(b) in the amount of $12, 394.35 and is directed to reimburse plaintiff the previous EAJA award in the amount of $2,774.00.
IT IS SO ORDERED.
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