BACKGROUND

2 This case was previously remanded to the Commissioner for further 3 administrative proceedings. [Dkt 23.] The Commissioner subsequently granted 4 Plaintiff’s application for disability insurance benefits, entitling Plaintiff to receive 5 approximately $32,826 in retroactive benefits. [Dkt 27 at 6, ¶ 4, 27-1 at 2.] 6

7

DISCUSSION

8 Under Section 406(b)(1) of Title 42, the Court may award to counsel a 9 portion of a judgment favorable to claimant for benefits as a reasonable fee for 10 representing the claimant, provided it does not exceed 25 percent of the claimant’s 11 past due benefits. See 42 U.S.C. § 406(b)(1)(A). Contingent fee arrangements are 12 the primary avenue by which Social Security plaintiffs’ counsel are compensated, 13 subject to the 25 percent cap, although counsel must show that the fee sought is 14 reasonable for the services rendered. See Gisbrecht v. Barnhart, 535 U.S. 789, 807 15 (2002). Counsel’s “normal hourly billing charge for non-contingent-fee cases” and 16 the number of hours spent on the representation may aid “the court’s assessment of 17 the reasonableness of the fee yielded by the fee agreements.” Id. at 808. 18 Here, counsel’s fee request is reasonable. Plaintiff agreed to pay counsel a 19 contingent fee of 25 percent of past due benefits. [Dkt 27 at 6, ¶ 5, 27-2.] The fee 20 requested, $8,206.50, amounts to 25% of the past due benefits. [Dkt 27 at 3, 27-1 at 21 2.] The amount sought translates into an hourly rate of $265.58 per hour for legal 22 services provided in litigating the case in this Court (30.9 hours of attorney time 23 [Dkt 27 at 4, 8-9]), which is within the bounds of reasonable hourly rates for legal 24 work of this kind. The record discloses no issue regarding the quality or efficiency 25 of counsel’s representation before this Court, and counsel obtained a favorable result 26 for Plaintiff in the form of a remand for further administrative proceedings. See 27 28 2 Case 2:19-cv-04921-GJS Document 30 Filed 01/25/23 Page 3of3 Page ID #:689 5 Crawford vy. Astrue, 586 F.3d 1142 (9th Cir. 2009). ° ORDER * IT IS THEREFORE ORDERED that Plaintiff's counsel’s Motion for ° Attorney’s fees Pursuant to 42 U.S.C. § 406(b) is GRANTED. Section 406(b) fees ° are allowed in the gross amount of $8,206.50, to be paid out of the sums withheld by ’ the Commissioner from Plaintiffs past due benefits. Plaintiff's counsel is ordered to rermburse Plaintiff in the amount of $5,700 for EAJA fees previously awarded.

10 1 IT IS SO ORDERED.

12 13 || DATED: January 25, 2023 14 GAILJ.STANDISH 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28