Xiong v. Commissioner of Social Security

Filing 40

ORDER GRANTING an Award of Attorney Fees Pursuant to 42 U.S.C. 406(B), signed by District Judge Anthony W. Ishii on 6/6/2013. (Kusamura, W)

1
2

IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

3
4
5
6
7
8
9
10
11

)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
Commsioner of Social Security,
)
)
Defendant.
)
_________________________________)
PAO MEE XIONG,

12
13
14

CIVIL NO. 1:10-cv-1135-AWI-DLB
ORDER GRANTING AN AWARD OF
ATTORNEYS’ FEES PURSUANT TO 42
U.S.C. § 406(B)
(Doc. No. 37)

Plaintiff filed a Motion for Attorneys Fees Pursuant To 42 U.S.C.§ 406(b) on May 28,
2013. See Doc. No. 37. Defendant filed a notice of non-opposition to the motion. See Doc. No.
38. In light of the non-opposition, the Court will grant Plaintiff’s motion.

15
Accordingly, IT IS HEREBY ORDERED that:

16
17
18

1.

Plaintiff’s motion for attorney’s fees is GRANTED;

2.

Plaintiff’s attorney Sengthiene Bosavanh is awarded attorney fees of $10,622.00 pursuant
to 42 U.S.C. § 406(b);

19
20

3.

21
22
23

Social Security is directed to send this amount to Plaintiff’s attorney, minus any
applicable processing fees as allowed by statute; and

4.

Upon receipt of this fee, Sengthiene Bosavanh will reimburse to the Plaintiff the fee she
was paid under the Equal Access to Justice Act (EAJA), $9,169.663, as required by

24
25

statute.

26

IT IS SO ORDERED.

27

Dated:
0m8i78

28

June 6, 2013
SENIOR DISTRICT JUDGE