Wydner v. Commissioner of Social Security

Filing 31

ORDER signed by Chief District Judge Kimberly J. Mueller on 1/16/2024 ORDERING Plaintiff filed timely objections requesting the court direct payment directly to counsel, as she previously had agreed, "provided plaintiff has no federal debt that requires offset." Objections at 2, ECF No. 30 ; Walker Decl. 3, ECF No. 26 . The court sustains the objection and awards fees in the amount of $7,689.83, payable directly to counsel, Jared Walker, by the Commissioner, provided plaintiff has no federal debt that requires offset. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Dawn Wydner, real party in interest on behalf
of Gregory J. Wydner,

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v.
Martin O’Malley,
Commissioner of Social Security,

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Defendants.

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ORDER

Plaintiff,

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No. 2:16-cv-00458-KJM-DMC

The Magistrate Judge previously granted plaintiff’s unopposed motion for attorneys’ fees

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in this action under the Social Security Act.1 ECF No. 29. The court awarded fees “in the

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amount of $7,689.83, payable directly to plaintiff by the Commissioner.” Id. Plaintiff filed

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timely objections requesting the court direct payment directly to counsel, as she previously had

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agreed, “provided plaintiff has no federal debt that requires offset.” Objections at 2, ECF No. 30;

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Walker Decl. ¶ 3, ECF No. 26. The court sustains the objection and awards fees in the amount of

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$7,689.83, payable directly to counsel, Jared Walker, by the Commissioner, provided plaintiff has

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no federal debt that requires offset. See, e.g., Fagan v. Berryhill, No. 16-02051, 2018 U.S. Dist.

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The current Commissioner of Social Security is substituted automatically as the
defendant in this action. See Fed. R. Civ. P. 25(d).
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LEXIS 181992, at *9 (E.D. Cal. Oct. 23, 2018) (ordering similarly and collecting similar

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decisions).

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IT IS SO ORDERED.
DATED: January 16, 2024.

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