(SS) Elliott v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TARILYN TRACY ELLIOTT, Case No. 2:21-cv-1202-JDP Plaintiff, v. ORDER MARTIN O’MALLEY, Commissioner of Social Security, 15 Defendant. 16 Plaintiff’s counsel seeks an award of attorney fees under 42 U.S.C. § 406(b). ECF No. 22. Plaintiff entered into a contingent fee agreement providing that she would pay counsel twenty-five percent of any award of past-due benefits. ECF No. 22-3 at 1. After this court remanded for further proceedings, plaintiff was found disabled and awarded $113,713.70 past- due benefits. ECF No.22-1 at 3. Plaintiff’s counsel’s request $21,200.00 in attorney fees, which is less than the statutory maximum, and which would work out to an effective hourly rate of $550.64. An attorney is entitled to reasonable fees for successfully representing social security claimants in district court. 26 27 1 Although the motion for fees was filed under plaintiff’s name, plaintiff’s counsel is the 21cvreal party in interest. See…