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