John Charles Wailes v. Frank Bisignano, Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaOctober 14, 20252:24-cv-00836California842 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 JOHN CHARLES WAILES, Case No. 2:24-cv-0836-JDP (SS) 12 Plaintiff, 13 v. ORDER 14 FRANK BISIGNANO, 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. Plaintiff entered into a contingent fee agreement providing that he would pay counsel twenty- five percent of any award of past-due benefits. ECF No. 18-1 at 1. After this court remanded for further proceedings, plaintiff was found disabled and awarded $99,104 in past-due benefits. ECF No. 18-3 at 3. Plaintiff’s counsel requests $24,776 in attorney fees, which is equivalent to the statutory maximum, and which equates to an effective hourly rate of $1,192.82. ECF No. 18 at 15. An attorney is entitled to reasonable fees for successfully representing social security claimants in district court. 27 1 Although the motion for fees was filed under plaintiff’s name, plaintiff’s counsel is the real party in interest. See Gisbrecht v.…

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