(SS) Lowery v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 MICHELLE LOWERY, No. 2:22-cv-01979-EFB (SS) Plaintiff, COMMISSIONER OF SOCIAL ORDER
SECURITY,
13 Defendant. 14 Pursuant to 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an award of attorney fees in the amount of $28,400.00. ECF No. 20. Defendant has filed a response. ECF No. 22. Plaintiff was awarded past due benefits, and she previously entered into a retainer agreement with her attorney providing that she would pay counsel 25 percent of any past- due benefits won as a result of the appeal in this case. ECF No. 20-3. The amount requested is less than 25% of the past due benefits awarded to plaintiff. See ECF No. 20-1 at 4 (plaintiff was awarded a total of $137,630.70 in past-due benefits). Plaintiff’s attorney spent 32.9 hours litigating the case. ECF No. 20-4. 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: Whenever a court renders a judgment favorable to a claimant under this subchapter who was…