Reyna v. Commissioner of Social Security

Filing 36

ORDER DIRECTING plaintiff to submit supplemental documentation in re plaintiff's Motion for Attorneys' Fees, document 31 ; filing deadline set for 10/12/2012 for receipt of same; order signed by Magistrate Judge Sandra M. Snyder on 10/2/2012. (Rooney, M)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

PABLO REYNA,

10
11
12

CASE NO. 1:09-cv-01970-SMS
Plaintiff,
ORDER DIRECTING PLAINTIFF
TO SUBMIT SUPPLEMENTAL
DOCUMENTATION

v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

13
Defendant.
14

/

15
Plaintiff Pablo Reyna has petitioned the Court for an order setting fees payable to his
16
attorneys, Law Office of Jeffrey Milam. Having reviewed both parties’ submissions, the Court
17
requests supplemental documentation as follows.
18
First, Plaintiff has requested a grant of attorneys’ fees based on the initial amount
19
withheld for payment of those fees by the Commissioner in his letter dated June 18, 2002. Doc.
20
31-2. The letter does not provide a final determination of past due benefits, however, instead
21
providing:
22

24

We are holding your Social Security benefits for August 2005 through May 2012.
We may have to reduce these benefits if you received Supplemental Security
Income (SSI) for this period. We will not reduce your past-due benefits if you did
not get SSI benefits for those months.

25

However, we will withhold part of any past-due benefits to pay the representative.

26

When we decide how much you are due for this period, we will send you another
letter.

23

27
Doc. 31-2 at 1-2.
28
1

1
2

Plaintiff is hereby directed to submit to the Court a copy of the final letter confirming the
total amount of benefits to be paid to him.

3

Second, the submissions of Plaintiff’s attorneys do not include proof of service of the

4

motion on Plaintiff. Plaintiff’s attorneys are directed to submit to the Court proof that Plaintiff

5

was served with a copy of their motion for attorneys’ fees.

6

Plaintiff is ordered to submit the requested materials on or before October 12, 2012. In

7

the event Plaintiff fails to timely provide these materials to the Court, the motion shall be

8

dismissed for failure to prosecute.

9
10

IT IS SO ORDERED.

11

Dated:
icido3

October 2, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2