Ahrari

Ahrari v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaJanuary 27, 20253:20-cv-01971California967 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA HABIBULLAH A., Case No.: 20-cv-1971-AGS Plaintiff, ORDER GRANTING MOTION FOR 42 U.S.C. § 406(b) FEES (ECF 22) v. Carolyn COLVIN, Defendant. 8 Plaintiff’s counsel moves for attorney’s fees under 42 U.S.C § 406(b). Counsel requests $35,000.00, offset by an order “to credit [plaintiff] for EAJA fees previously paid in the amount of $4,782.87.” (ECF 22, at 1.) This request represents approximately 23% of plaintiff’s past due benefits, which total $160,376.00. (ECF 22, at 5.) Plaintiff has not objected. The government does not oppose. (See ECF 23, at 2.) “Whenever a court renders a judgment favorable to a claimant,” “the court may determine and allow as part of its judgment 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 request, courts “must respect the primacy of lawful attorney- client fee arrangements,” “looking first to the…

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