Astrue

Black v. Astrue

Good Law
584 F. Supp. 2d 1278·2008 WL 4772081·2008 U.S. Dist. LEXIS 107174
United States District Court, Central District of CaliforniaFebruary 13, 2008Case CV 02-09383 (RZ)California5,019 words

Opinion

Opinion

Zarefsky, J.

ORDER ON APPLICATION FOR ATTORNEY’S FEES UNDER 42 U.S.C. § 406 (b)

This matter comes before the Court on the application of Steven G. Rosales, counsel for Plaintiff, for an award of attorney’s fees pursuant to 42 U.S.C. § 406 (b). The Court previously awarded Mr. Rosales the sum of $9,750, with a corollary requirement under the applicable statute that Mr. Rosales reimburse Plaintiff the sum of $2,900 which had been awarded under-the Equal Access to Justice Act, 28 U.S.C. § 2412 . Mr. Rosales appealed, and the Court of Appeals for the Ninth Circuit reversed. Black v. Astrue, 229 Fed.Appx. 515 (9th Cir.2007). The Court of Appeals interpreted this Court’s statement that the fee sought would give Mr. Rosales an effective hourly rate “that would be the envy of practitioners in almost any field” as indicating that the Court placed an overwhelming focus on the effective hourly rate, and did not fully incorporate the framework of Gisbrecht v. Barnhart, 535 U.S. 789 , 122 S.Ct. 1817 , 152 L.Ed.2d 996 (2002). The Court of Appeals remanded with directions that the Court “should reconsider the reasonableness of the fees sought, in light of the contingency fee agreement and the factors…

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