Elawyers Elawyers
Washington| Change

Eshraghi v. Commissioner of Social Security, 1:15-cv-00874-EPG. (2019)

Court: District Court, E.D. California Number: infdco20190204737 Visitors: 5
Filed: Jan. 31, 2019
Latest Update: Jan. 31, 2019
Summary: ORDER REQUIRING DEFENDANT TO PROVIDE STATEMENT OF PAST-DUE BENEFITS AWARDED TO PLAINTIFF (ECF No. 28) ERICA P. GROSJEAN , Magistrate Judge . On December 18, 2018, Counsel for Plaintiff filed a motion for attorney fees pursuant to 42 U.S.C. 406(b). In this motion, Plaintiff's counsel estimates the amount of past-due benefits awarded to Plaintiff at "approximately $8,000.00." (ECF No. 28 at 3; see id. at 5 ("Counsel calculates Eshraghi's past due benefits at $8,000.00 without COLA."). Th
More

ORDER REQUIRING DEFENDANT TO PROVIDE STATEMENT OF PAST-DUE BENEFITS AWARDED TO PLAINTIFF

(ECF No. 28)

On December 18, 2018, Counsel for Plaintiff filed a motion for attorney fees pursuant to 42 U.S.C. § 406(b). In this motion, Plaintiff's counsel estimates the amount of past-due benefits awarded to Plaintiff at "approximately $8,000.00." (ECF No. 28 at 3; see id. at 5 ("Counsel calculates Eshraghi's past due benefits at $8,000.00 without COLA."). The motion includes copies of the Administrative Law Judge ("ALJ") "Notice of Decision—Fully Favorable"; the ALJ's written decision; the ALJ's order regarding the fee agreement between Plaintiff and her counsel; and a Social Security letter addressed to Plaintiff's counsel stating that monies have been withheld "from the past-due benefits payable to Shoallah Eshraghi" for payment of approved attorney fees. (ECF No. 28-3; 28-4.)

However, none of these documents, nor any of the other document included with the motion, states the amount of past-due benefits awarded to Plaintiff, nor the amount of monies withheld for payment of approved attorney fees. (See ibid.)

Because the determination of whether the § 406(b) attorney fees requested by Plaintiff's counsel are authorized and reasonable depends in part on the amount of past-due benefits awarded, the Court will require Defendant to provide a statement of past-due benefits awarded to Plaintiff.

IT IS ORDERED that Defendant shall file, within fourteen (14) days of the date of this order, a statement of past-due benefits awarded to Plaintiff. Defendant may do so either through a separate statement of past-due benefits or through a response to the motion for attorney fees pursuant to § 406(b) in which Defendant includes a statement of past-due benefits awarded to Plaintiff.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer