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Terrence W. Campbell v. Michael J. Astrue

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 13, 2012

TERRENCE W. CAMPBELL, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER REGARDING MOTION FOR ATTORNEYS' FEES (Document 29)

On June 25, 2010, this Court issued its Order Regarding Plaintiff's Social Security Complaint wherein the agency's decision was reversed and the matter remanded for further proceedings. (Doc. 18.) On July 18, 2010, Plaintiff Terrence W. Campbell ("Plaintiff") moved to amend the judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure. (Doc. 21.) Following supplemental briefing by the parties, this Court denied Plaintiff's motion and affirmed its earlier ruling that remand was appropriate to allow the ALJ to make specific findings regarding application of the grids in light of Plaintiff's age. (Doc. 25.)

Following remand proceedings, Plaintiff was found to be disabled and was granted benefits. On March 7, 2012, Plaintiff filed a motion for attorney fees. (Doc. 29.) The motion was unopposed. On April 12, 2012, Plaintiff filed a proposed order as requested. *fn1

In light of the lack of any opposition, and upon review of the relevant pleadings, this Court hereby awards Sengthiene Bosavanh, attorney for Plaintiff Terrence W. Campbell, attorney fees pursuant to section 406(b) of Title 42 of the United States Code in the amount of $17,792.25.

Further, it is noted that the Commissioner previously paid $9,216.79 in Equal Access to Justice Act ("EAJA") fees. (Doc. 29; see also Doc. 28.) Accordingly, the Court hereby orders counsel to reimburse Terrence W. Campbell the sum of $9,216.79.


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