Widrig

Widrig v. Apfel

Good Law
140 F.3d 1207·1998 WL 156526
United States Court of Appeals for the Ninth CircuitApril 7, 1998Nos. 96-36262, 96-36263California1,531 words

Opinion

Lead Opinion

Tashima, J.

*1209 ORDER

Appellee’s request for publication is granted. The Memorandum filed March 2, 1998, is redesignated as an authored Opinion by Judge Tashima.

OPINION

Carl Widrig and Jean Simpson (collectively “appellants”) appeal the district court’s awards of attorney’s fees in their Social Security cases. 1 In both cases, the court awarded fees based on an hourly rate of $175. Appellants seek an hourly rate of $200, as well as a multiplier due to the contingent nature of their fee arrangements. 2 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm both cases. We review the amount of attorney’s fees awarded by the district court for an abuse of discretion. See Allen v. Shalala, 48 F.3d 456, 457 (9th Cir.1995).

After counsel successfully represented appellants in the district court in appealing the denials of their Social Security benefits, appellants sought attorney’s fees pursuant to 42 U.S.C. § 406 (b)(1). 3 In accordance with § 406(b)(1) and contractual arrangements, counsel was to be paid on a contingency basis at twenty-five percent of the retroactive benefits received. In Widrig’s case, this would amount to $312/hour. The district court found that $175 was a…

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