(SS) Parra v. Commissioner of Social Security, No. 1:2010cv01675 - Document 37 (E.D. Cal. 2013)

Court Description: ORDER ADOPTING 35 FINDINGS AND RECOMMENDATIONS re: Plaintiff's 32 Motion for Attorneys' Fees, signed by District Judge Lawrence J. O'Neill on 7/2/2013. (Marrujo, C)

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(SS) Parra v. Commissioner of Social Security Doc. 37 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 CHRISTINA PARRA, 9 10 Plaintiff, 11 v. 12 13 CAROLYN W. COLVIN, Commissioner of Social Security, 14 Defendant. 15 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:10-cv-01675 LJO GSA ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RE: PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES (Documents 32 and 35) 16 On September 14, 2010, Plaintiff Christina Parra filed the present action for judicial 17 review of the denial of Social Security benefits. (Doc. 1). Plaintiff’s appeal was granted and she 18 was awarded benefits on August 31, 2011. (Docs. 20 and 21). Subsequently, Plaintiff filed a 19 Motion for Attorneys’ Fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). 20 (Doc. 22). The parties stipulated to an attorney fee award in the amount of $3,900.00 which this 21 Court adopted on November 5, 2012. (Doc. 28). 22 On March 13, 2013, the Commissioner issued a decision granting Plaintiff’s application 23 for benefits. Plaintiff received $36,690.40 in retroactive benefits. (Doc. 32-2). The 24 Commissioner withheld $9,172.60 from the past-due benefit for attorney fees. This amount 25 equals 25 percent of the retroactive benefit award. Id. 26 On March 31, 2013, Plaintiff’s counsel filed a Motion for Attorney’s Fees pursuant to 42 27 U.S.C. § 406(b)(1), requesting $9,172.60 for 43.3 hours of attorney services. (Doc. 32). After 28 1 Dockets.Justia.com 1 crediting $3,900.00 received previously pursuant to the EAJA, Counsel requests a net fee of 2 $5,272.60 from the past-due award. No opposition to the motion was filed. 3 On May 31, 2013, the Magistrate Judge issued Findings and Recommendations 4 recommending that Plaintiff’s Motion for Attorneys’ Fees be granted. (Doc. 35). The Findings 5 and Recommendations were served on all parties. The parties were advised that any objections 6 were to be filed no later than June 28, 2013. (Doc. 36). To date, no party has filed any 7 objections. 8 9 10 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the Findings and Recommendations are supported by the record and proper analysis. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. 13 The Findings and Recommendations dated May 31, 2012 (Doc. 35), are ADOPTED IN FULL; and 14 2. Plaintiff’s counsel Motion for Attorney’s Fees pursuant to 42 U.S.C. § 406(b)(1) 15 in the amount of $9,172.60 (a net fee of $5,272.60 from the past-due award) is 16 granted. (Doc. 32). Pursuant to Counsel’s request, this amount shall be paid 17 directly to attorney Sengthiene Bosavanh. Upon payment, Counsel shall refund 18 $3,900.00 to Plaintiff. 19 20 21 22 23 24 IT IS SO ORDERED. 25 Dated: July 2, 2013 /s/ Lawrence J. O'Neill 66h44d UNITED STATES DISTRICT JUDGE 26 27 28 2

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