(SS) Page v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ALEXANDRA MADELYN PAGE, ) Case No.: 1:22-cv-0965 JLT CDB ) 12 Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS AND GRANTING 13 v. ) THE MOTION FOR ATTORNEY FEES ) PURSUANT TO 42 U.S.C. § 406(b) 14 COMMISSIONER OF SOCIAL SECURITY, ) ) (Docs. 33, 34) 15 Defendant. ) ) 16

17 Sima G. Aghai, counsel for Alexandra Page, seeks an award of attorney’s fees in the amount of 18 $37,764.75, pursuant to 42 U.S.C. § 406(b). (Doc. 33.) Neither Plaintiff nor the Commissioner 19 opposed the motion. The magistrate judge found the requested fees are reasonable based upon the 20 experience of counsel, tasks performed, the results achieved, and the fees awarded in similar cases. 21 (Doc. 34 at 3-4.) Therefore, the magistrate judge recommended the motion for fees be granted, 22 payment be directed to Counsel, and Counsel be directed to refund the $7,750 in fees previously 23 awarded to Plaintiff under the Equal Access to Justice Act. (Id. at 5.) 24 The Court served the Findings and Recommendations on the parties and notified them that any 25 objections were due within 14 days. (Doc. 34 at 5.) The Court advised the parties that the “failure to 26 file objections within the specified time may result in the waiver of rights on appeal.” (Id., citing 27 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) Neither party filed objections, and the 28 time to do so has passed. 1 According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Havi 2 || carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 3 || by the record and proper analysis. Thus, the Court ORDERS: 4 1. The Findings and Recommendations dated July 29, 2025 (Doc. 34) are ADOPTED in 5 full. 6 2. Counsel’s motion for attorney’s fees pursuant to 42 U.S.C. 406(b) (Doc. 33) is 7 GRANTED. 8 3. The funds SHALL be paid to counsel, Sima G. Aghai, out of the funds withheld by th 9 Social Security Administration, in the amount of $37,764.75. 10 4. After payment of fees, any remaining funds being held by the Administration SHALL 11 be released to Plaintiff, Alexandra Page. 12 5. Counsel SHALL refund the previously awarded fees in the amount of $7,750.00 to 13 Plaintiff. 14 6. The Clerk of Court is directed to serve a copy of this Order on Plaintiff: 15 Alexandra Page 11517 Covent Gardens Dr. 16 Bakersfield, CA 93311 17 IT IS SO ORDERED. 18 . 19 |[ Dated: _August 13, 2025 Charis [Tourn TED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28