O'Connor v. Commissioner of Social Security
Filing
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ORDER by Judge Joseph C. Spero Granting 27 Plaintiff's Motion for Attorneys' Fees (jcslc2, COURT STAFF) (Filed on 5/1/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ELENA O’CONNOR,
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For the Northern District of California
United States District Court
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No. C-09-01508 JCS
Plaintiff,
ORDER GRANTING PLAINTIFF’S
MOTION FOR ATTORNEYS’ FEES
[Docket No. 27]
v.
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
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Defendant.
___________________________________/
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On September 27, 2010, the Court entered judgment in favor of Plaintiff, reversing the
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decision of the Social Security Commissioner denying Plaintiff’s request for disability benefits and
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remanding for award of benefits. On December 27, 2010, Plaintiff filed a Motion for Attorneys’
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Fees. The Court denied the motion without prejudice.
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Plaintiff now seeks an order approving, under the Social Security Act, 42 U.S.C. § 406(b),
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payment by the Commissioner of attorneys’ fees to counsel from the past benefits due to Plaintiff.
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In the Motion, Plaintiff seeks $8,872.00, which is 25% of the award of past due benefits that Ms.
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O’Connor was recently informed is owed to her. See Docket No. 27, Ex. 1, Social Security Award
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Notice. Plaintiff informs the Court and the Commissioner that the $4,661.59 in fees already paid to
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Plaintiff’s attorney will be refunded.
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The Commissioner has filed a statement of non-opposition to the Plaintiff’s Motion. See
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Docket No. 28. Accordingly, the motion is GRANTED. The Commissioner is hereby authorized to
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award counsel for Plaintiff $8,872.00 as provided by the Social Security Act, 42 U.S.C. § 406(b).
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Counsel shall reimburse Plaintiff $4,661.50.
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IT IS SO ORDERED.
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Dated: May 1, 2012
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____________________________________
JOSEPH C. SPERO
United States Magistrate Judge
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For the Northern District of California
United States District Court
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