Javier Rosales v. Kilolo Kijakazi

BACKGROUND

2 This case was previously remanded to the Commissioner for further 3 administrative proceedings. [Dkt 18.] The Commissioner subsequently granted 4 Plaintiff’s application for disability insurance benefits, entitling Plaintiff to receive 5 approximately $81,163 in retroactive benefits. [Dkt 24 at 6, ¶ 4, 24-1 at 2.]

DISCUSSION

7 Under Section 406(b)(1) of Title 42, the Court may award to counsel a 8 portion of a judgment favorable to claimant for benefits as a reasonable fee for 9 representing the claimant, provided it does not exceed 25 percent of the claimant’s 10 past due benefits. See 42 U.S.C. § 406(b)(1)(A). Contingent fee arrangements are 11 the primary avenue by which Social Security plaintiffs’ counsel are compensated, 12 subject to the 25 percent cap, although counsel must show that the fee sought is 13 reasonable for the services rendered. See Gisbrecht v. Barnhart, 535 U.S. 789, 807 14 (2002). Counsel’s “normal hourly billing charge for non-contingent-fee cases” and 15 the number of hours spent on the representation may aid “the court’s assessment of 16 the reasonableness of the fee yielded by the fee agreements.” Id. at 808. 17 Here, counsel’s…