Hornbeak v. Social Security

Filing 33

ORDER signed by Magistrate Judge Deborah Barnes on 2/15/2021 GRANTING plaintiff's 32 request to file an amended motion. Counsel for plaintiff shall file an amended fee motion within twenty-eight days of the date of this order. Defendant may file an opposition or statement of non-opposition within fourteen days of the date of filing of plaintiff's amended fee motion. (Zignago, K.)

Case 2:18-cv-00142-DB Document 33 Filed 02/16/21 Page 1 of 2
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ANDREA HORNBEAK,

12

No. 2:18-cv-0142 DB

Plaintiff,

13

v.

14

ORDER

ANDREW SAUL, Commissioner of Social
Security,

15
16

Defendant.

17
Plaintiff brought this action seeking judicial review of a final administrative decision

18
19

denying an application for Disability Insurance Benefits under Title II of the Social Security Act

20

and for Supplement Security Income under Title XVI of the Act. On August 23, 2019, the court

21

issued an order granting plaintiff’s motion for summary judgment in part and remanding the

22

matter for further proceedings.1 (ECF No. 22.) Further administrative proceedings resulted in a

23

favorable decision for plaintiff. (Pl.’s Mot. (ECF No. 29) at 2.)
On October 6, 2020, counsel for plaintiff filed a motion for an award of attorney’s fees

24
25

pursuant to 42 U.S.C. § 406(b). (ECF No. 29.) Plaintiff’s motion seeks an award of $6,000. (Id.

26

at 4.) Defendant filed a response, however, noting that plaintiff had already been awarded $6,500

27
1

28

Both parties have previously consented to Magistrate Judge jurisdiction over this action
pursuant to 28 U.S.C. § 636(c). (See ECF Nos. 6 & 9.)
1

Case 2:18-cv-00142-DB Document 33 Filed 02/16/21 Page 2 of 2
1

in fees under the Equal Access to Justice Act (“EAJA”). (ECF No. 31 at 4.) Thereafter, plaintiff

2

filed a reply requesting “leave to amend the motion to $12,500.” (ECF No. 32 at 2.)

3

Plaintiff’s request will be granted. Plaintiff’s amended motion shall be sure to clarify the

4

amount requested and how that amount relates to the 25% statutory cap. See Gisbrecht v.

5

Barnhart, 535 U.S. 789, 802 (2002).

6

Accordingly, IT IS HEREBY ORDERED that:

7

1. Plaintiff’s request to file an amended motion is granted;

8

2. Counsel for plaintiff shall file an amended fee motion within twenty-eight days of the

9
10

date of this order; and
3. Defendant may file an opposition or statement of non-opposition within fourteen days

11

of the date of filing of plaintiff’s amended fee motion.

12

Dated: February 15, 2021

13
14
15
16
17
18
19
20
21

DLB:6
DB\orders\orders.soc sec\hornbeak0142.lta.ord

22
23
24
25
26
27
28
2