Yeargan

Yeargan v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaMay 1, 20253:21-cv-00814California936 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA THERESA Y., Case No.: 21-cv-0814-AGS Plaintiff, ORDER GRANTING MOTION FOR 42 U.S.C. § 406(b) FEES (ECF 28) v. Martin O’MALLEY, Defendant. 8 Plaintiff’s counsel moves for attorney’s fees under 42 U.S.C § 406(b). Counsel requests “$45,516.25,” offset by an order to credit plaintiff “for the EAJA fees previously paid in the amount of $4,675.00.” (ECF 28, at 1.) This request represents approximately 25% of plaintiff’s past-due benefits, which total “$182,065.00.” (ECF 28, at 4–5.) Plaintiff has not objected. The government does not oppose. (See ECF 30, at 4.) “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…

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