Dario Gutierrez v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Dario Gutierrez, No. 1:23-cv-01349-GSA Plaintiff, ORDER GRANTING MOTION FOR
ATTORNEY FEES PURSUANT TO 42 U.S.C.
v. 406(B) Commissioner of Social Security, Defendant. (ECF No. 19) 16 Plaintiff’s counsel Francesco Benavides seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). I. Background Plaintiff entered into a contingent fee agreement with counsel which provides for attorney fees of up to 25% of the past due benefits awarded. ECF No. 19-3. The agreement also provides that counsel would seek fees pursuant to the Equal Access to Justice Act (EAJA), fees which would be refunded in the event of an award of past due benefits and payment of the 25% contingency fee. Id. Plaintiff filed a complaint in this Court on September 13, 2023, appealing the Commissioner’s decision denying his application for benefits. After Defendant filed the Administrative…