(SS) Herman v. Commissioner of Social Security, No. 1:2015cv00456 - Document 33 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING PETITIONER'S MOTION FOR ATTORNEY FEES. The findings and recommendations, filed November 21, 2018, is ADOPTED IN FULL. Petitioner's motion for a net award of attorney fees pur suant to Section 406(b) in the amount of $1,273.70 is GRANTED. Pursuant to counsel's request, this amount should be paid directly to Jacqueline A. Forslund. The Commissioner should remit to Plaintiff the remainder of her withheld benefits. Order signed by District Judge Anthony W. Ishii on 1/11/2019. (Timken, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LESLIE HERMAN, Plaintiff, 11 12 13 v. COMMISSIONER OF SOCIAL SECURITY, Case No. 1:15-cv-00456-AWI-SAB ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING PETITIONS MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. § 406(b) (ECF No. 26, 27, 28) 14 Defendant. 15 16 17 On January 5, 2016, this action challenging the denial of Social Security benefits was 18 remanded for further proceedings. (ECF No. 22.) On October 25, 2018, Plaintiff’s counsel 19 (“Petitioner”) filed a motion for attorney fees which was referred to a United States magistrate 20 judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. (ECF No. 26.) On November 21 19, 2018, the Commissioner of Social Security filed a statement of non-opposition to the motion 22 for attorney fees. (ECF No. 27.) 23 On November 21, 2018, the assigned magistrate judge filed a findings and 24 recommendations. (ECF No. 28.) The findings and recommendations recommended granting 25 Petitioner’s motion for attorney fees. (Id.) The findings and recommendations was served on 26 the parties and contained notice that any objections to the findings and recommendations were to 27 be filed within thirty days from the date of service. (Id., ECF No. 30.) The period for filing 28 objections has passed and no objections have been filed. 1 1 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 2 de novo review of this case. Having carefully reviewed the entire file, the court finds the 3 findings and recommendations to be supported by the record and by proper analysis. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. FULL; 6 7 2. Petitioner’s motion for a net award of attorney fees pursuant to Section 406(b) in the amount of $1,273.70 is GRANTED; and 8 9 The findings and recommendations, filed November 21, 2018, is ADOPTED IN 3. Pursuant to counsel’s request, this amount should be paid directly to Jacqueline A. 10 Forslund. The Commissioner should remit to Plaintiff the remainder of her 11 withheld benefits. 12 13 IT IS SO ORDERED. 14 Dated: January 11, 2019 SENIOR DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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