O'Connor v. Commissioner of Social Security

Filing 29

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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 ELENA O’CONNOR, 11 For the Northern District of California United States District Court 10 12 13 No. C-09-01508 JCS Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES [Docket No. 27] v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, 14 15 Defendant. ___________________________________/ 16 17 On September 27, 2010, the Court entered judgment in favor of Plaintiff, reversing the 18 decision of the Social Security Commissioner denying Plaintiff’s request for disability benefits and 19 remanding for award of benefits. On December 27, 2010, Plaintiff filed a Motion for Attorneys’ 20 Fees. The Court denied the motion without prejudice. 21 Plaintiff now seeks an order approving, under the Social Security Act, 42 U.S.C. § 406(b), 22 payment by the Commissioner of attorneys’ fees to counsel from the past benefits due to Plaintiff. 23 In the Motion, Plaintiff seeks $8,872.00, which is 25% of the award of past due benefits that Ms. 24 O’Connor was recently informed is owed to her. See Docket No. 27, Ex. 1, Social Security Award 25 Notice. Plaintiff informs the Court and the Commissioner that the $4,661.59 in fees already paid to 26 Plaintiff’s attorney will be refunded. 27 The Commissioner has filed a statement of non-opposition to the Plaintiff’s Motion. See 28 1 1 Docket No. 28. Accordingly, the motion is GRANTED. The Commissioner is hereby authorized to 2 award counsel for Plaintiff $8,872.00 as provided by the Social Security Act, 42 U.S.C. § 406(b). 3 Counsel shall reimburse Plaintiff $4,661.50. 4 IT IS SO ORDERED. 5 6 Dated: May 1, 2012 7 ____________________________________ JOSEPH C. SPERO United States Magistrate Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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