Loera

Loera v. Saul

Good Law
United States District Court, Southern District of CaliforniaDecember 10, 20243:20-cv-01396California826 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA DAVID L., Case No.: 20-cv-01396-AGS Plaintiff, ORDER GRANTING MOTION FOR 42 U.S.C. § 406(b) FEES (ECF 19) v. Carolyn COLVIN,1 Defendant.

Plaintiff’s counsel moves for $27,733.00 in attorney’s fees, in addition to “credit to [reimburse] plaintiff for the EAJA fees to be paid in the amount of $6,512.84.” (ECF 19, at 1); see 42 U.S.C. § 406(b). This request represents just under 25% of plaintiff’s “past due benefits[,]” which total $110,932.00. (ECF 19-1, at 9.) Plaintiff has not objected. (See id. at 16.) “Whenever a court renders a judgment favorable to a claimant,” the court may allow “a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits . . . .” 42 U.S.C. § 406(b). In evaluating an attorney-fee application, courts “must respect the primacy of lawful attorney-client fee arrangements,” “looking first to the contingent-fee agreement, then testing for reasonableness.” Crawford v. Astrue, 586 F.3d 1142, 1148…

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