Caroline Lee v. Frank Bisignano, Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 7, 20252:20-cv-00662California982 words

Opinion

trial_court Opinion

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 CAROLINE LEE, Case No. 2:20-cv-0662-JDP (SS) 12 Plaintiff, 13 v. ORDER 14 FRANK BISIGNANO, Commissioner of 15 Social Security, 16 Defendant. 17 18 Plaintiff’s counsel seeks an award of attorney fees under 42 U.S.C. § 406(b).1 ECF No. 19 33. Plaintiff entered into a contingent fee agreement providing that he would pay counsel twenty- 20 five percent of any award of past-due benefits. ECF No. 33-2 at 1. After this court remanded for 21 further proceedings, plaintiff was found disabled and awarded $126,928 in past-due benefits. 22 ECF No. 33-1 at 1. Plaintiff’s counsel requests $26,616.25 in attorney fees, which is less than the 23 statutory maximum, and which equates to an effective hourly rate of $879.88. ECF No. 33 at 4. 24 An attorney is entitled to reasonable fees for successfully representing social security 25 claimants in district court. 26 27 1 Although the motion for fees was filed under plaintiff’s name, plaintiff’s counsel is the 28 real party in interest. See Gisbrecht v. Barnhart, 535…

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