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Twigg v. Astrue

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION


June 25, 2010

SANDRA A. TWIGG, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, DEFENDANT.

The opinion of the court was delivered by: Paul L. Abrams United States Magistrate Judge

REVISED ORDER GRANTING MOTION FOR ATTORNEY'S FEES PURSUANT TO 42 U.S.C. § 406(b)

On May 19, 2009, plaintiff's counsel, Steven G. Rosales ("counsel"), field a Motion For Attorney Fees Pursuant to 42 U.S.C. § 406(b) (the "Motion"), seeking the amount of $12,420.50 for representing plaintiff in an action to obtain social security benefits, with reimbursement to plaintiff for the Equal Access to Justice Act ("EAJA") fees previously paid to counsel in the amount of $4,694.37.*fn1 On June 18, 2009, defendant filed a Response in which defendant neither assented to nor objected to the amount of § 406(b) fees requested by counsel. (Response at 2). On July 10, 2009, Magistrate Judge Jeffrey W. Johnson, issued an Order in this action granting counsel's petition for § 406(b) attorney fees in the amount of $8,000 and ordered counsel to reimburse plaintiff $4,694.37 for EAJA fees previously awarded to counsel in this action. Having determined that the July 10, 2009, Order reflected an error in the of amount of § 406(b) fees to be awarded in this action, the Court has vacated the July 10, 2009, Order.

ORDER

Having considered the pleadings filed by counsel and defendant regarding counsel's Motion for Attorney Fees, and having conducted an independent check as to the reasonableness of the fee sought here, the Court concludes that the attorney's fees requested by counsel pursuant to 42 U.S.C. § 406(b) are reasonable. Accordingly, IT IS HEREBY ORDERED that: (1) counsel's Motion for Attorney Fees is granted; (2) the Commissioner pay plaintiff's counsel the sum of Twelve Thousand Four Hundred Twenty dollars and Fifty cents ($12,420.50); and (3) plaintiff's counsel is directed to reimburse plaintiff in the sum of Four Thousand Six Hundred Ninety-Four dollars and Thirty-Seven cents ($4,694.37), the amount already paid by defendant in EAJA fees.


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