Green

Green v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaMay 6, 20253:21-cv-02098California880 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA LILLIAN G., Case No.: 21-cv-2098-AGS Plaintiff, ORDER GRANTING MOTION FOR 42 U.S.C. § 1383(d)(2) FEES (ECF 22) v. Carolyn COLVIN, Defendant. 8 Plaintiff’s counsel moves for attorney’s fees under 42 U.S.C. § 1383(d)(2). Counsel requests “$15,000,” offset by an order to credit plaintiff “for the EAJA fees previously paid in the amount of $5,572.00.” (ECF 22, at 1–2.) This request represents approximately 19 percent of plaintiff’s past-due benefits, which total “$80,188.20.” (ECF 22, at 4–5.) Plaintiff has not objected. The government does not oppose. (See ECF 23, 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); see also U.S.C. § 1382(d)(2)(A) (incorporating § 406(b)’s procedures). In evaluating an 18 …

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