Rosalina Reyes v. Kilolo Kijakazi

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.]

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,…