Moreno-v-Saul

Good Law
United States District Court, Northern District of CaliforniaSeptember 6, 20245:20-cv-05608California854 words

Opinion

Trial Court Opinion

I. BACKGROUND

22 Plaintiff filed this action on August 12, 2020, seeking review of the denial of his 23 application for Disability Insurance Benefits. See Compl., ECF 1. The Court granted in part and 24 denied in part Plaintiff’s motion for summary judgment, denied Defendant’s cross-motion for 25 summary judgment, reversed the denial of benefits, and remanded for further administrative 26 27 proceedings. See Order, ECF 24. Plaintiff obtained a favorable result on remand, obtaining an award of past-due benefits in the amount of $138,772. See Notice of Award, ECF 28-3. Counsel represented Plaintiff pursuant to a written contingent-fee agreement, under which Counsel is entitled to attorneys’ fees in an amount not greater than 25% of any past-due benefits awarded to Plaintiff. See Attorney’s Fee Contract, ECF 28-4. As is standard, the Social Security Administration withheld 25% of the $138,772 past-due benefits award, or $34,693, to pay any attorneys’ fees that might be owed. See Notice of Award at 3. Counsel does not seek the full amount of attorneys’ fees withheld by the Social Security Administration; he seeks $23,000, which is…

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