Cooper v. Astrue

Filing 39

ORDER for Supplemental Briefing re Motion for Attorneys Fee. Signed by Judge Maria-Elena James on 3/13/2015. (mejlc2, COURT STAFF) (Filed on 3/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL C. COOPER,

Case No. 10-cv-04299-EMC (MEJ)

Plaintiff,
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ORDER FOR SUPPLEMENTAL
BRIEFING

v.
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MICHAEL J. ASTRUE,

Re: Dkt. Nos. 31 & 37

Defendant.

United States District Court
Northern District of California

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Pending before the Court is the Motion for Attorney’s Fees pursuant to 28 U.S.C. § 406(b),

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filed by Steven Rosales, counsel for Plaintiff Michael Cooper. Dkt. Nos. 31 & 37. The Social

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Security Commissioner does not challenge the fee motion but provided an analysis of the fee

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request. Dkt. No. 32.

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On December 16, 2014, the presiding judge, the Honorable Edward M. Chen, referred this

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motion to the undersigned for a Report and Recommendation pursuant to the Northern District of

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California’s Civil Local Rule 72-1. Dkt. No. 34. The undersigned subsequently ordered

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Plaintiff’s counsel to provide a detailed accounting of the $92,954.00 past due benefits figure

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referenced in his motion. Dkt. No. 35. Plaintiff’s counsel responded by filing an amended motion

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and a supplemental declaration providing an accounting of how he calculated the past due benefits

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owed. Dkt. No. 36 (“Suppl. Rosales Decl.”); Dkt. No. 37 (“Am. Mot.”).

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The undersigned requires supplemental briefing from both parties. Defendant shall
respond to the following questions by March 20, 2015:
1) How does the Social Security Administration calculate the total past due benefits owed
to Plaintiff and the “Lawyer’s Fees” in the Notice of Award? See Dkt. No. 31-3 at 5.
2) Why there is an approximately one year-long gap of time between the Notice of

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Decision, dated July 24, 2013, and the Notice of Award, issued on August 2, 2014?

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Compare id. at 1, 2, & 8 with Dkt. No. 31-2 at 1 & 9. How, if at all, does that time

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factor into the calculation of Plaintiff’s past due benefits?

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By March 27, 2015, Plaintiff shall file a response to Defendant’s statement, addressing the

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questions above, as well as the following:

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3) When did Plaintiff begin to receive disability benefits from the Social Security
Administration?

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Each party shall file a response of no longer than five pages, double-spaced, and may attach

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supporting declarations and exhibits.

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IT IS SO ORDERED.

United States District Court
Northern District of California

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Dated: March 13, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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