(SS) Erickson v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 DAWN M. ERICKSON, Case No. 2:20-cv-2123-JDP (SS) 12 Plaintiff, 13 v. ORDER 14 LELAND DUDEK, Commissioner of Social Security, Defendant. 17 Plaintiff’s counsel seeks an award of attorney fees under 42 U.S.C. § 406(b). ECF No. 18 23. Plaintiff entered into a contingent fee agreement providing that she would pay counsel 19 twenty-five percent of any award of past-due benefits. ECF No. 23-4 at 1-2. After this court 20 remanded for further proceedings, plaintiff was found disabled and awarded $197,538.70 in past- 21 due benefits. ECF No. 23-3 at 3. Plaintiff’s counsel requests $45,250 in attorney fees, which is 22 less than the statutory maximum, and which equate to an effective hourly rate of $1,714.50.

1 Although the motion for fees was filed under plaintiff’s name, plaintiff’s counsel is the real party in interest. See Gisbrecht v. Barnhart, 535 U.S. 789, 798 n.6 (2002). 2 The Social Security Administration awarded plaintiff $197,538.70 past-due benefits from March 2016 through September…