Casey Ellen Fickardt v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CASEY ELLEN FICKARDT, No. 2:21-cv-00250-EFB (SS) 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant. 16 17 Pursuant to 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an 18 award of attorney fees in the amount of $47, 652.75. ECF No. 23. Defendant has filed a 19 response, in which he indicates non-opposition to the motion. ECF No. 25. For the reasons set 20 forth below, the court grants the motion. 21 Section 406 of the Social Security Act, 42 U.S.C. § 406(b)(1)(A), provides, in relevant 22 part: Whenever a court renders a judgment favorable to a claimant under 23 this subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment 24 a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled 25 by reason of such judgment. 26 Rather than being…