(SS) Nedashkovskiy v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 22, 20242:22-cv-00410California873 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 IRINA NEDASHKOVSKIY, Case No. 2:22-cv-0410-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. 26. Plaintiff entered into a contingent fee agreement providing that she would pay counsel up to twenty-five percent of any award of past-due benefits. ECF No. 26-2. After this court remanded the action for further proceedings, plaintiff was found disabled and awarded $70,060.70 in past- due benefits. ECF No. 26-1 at 3. Counsel now seeks $10,315.18 in attorney fees, which is less than twenty-five percent of the total past-due benefits awarded. ECF No. 26. An attorney is entitled to reasonable fees for successfully representing social security claimants in district court. Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an …

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