Alan Lon Kuehl 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 applications for disability insurance benefits and supplemental security 5 income, entitling Plaintiff to receive approximately $129,162 in retroactive benefits. 6 [Dkt 22 at 18, ¶ 4, 22-2.]

DISCUSSION

9 Under Section 406(b)(1) of Title 42, the Court may award to counsel a 10 portion of a judgment favorable to claimant for benefits as a reasonable fee for 11 representing the claimant, provided it does not exceed 25 percent of the claimant’s 12 past due benefits. See 42 U.S.C. § 406(b)(1)(A). Contingent fee arrangements are 13 the primary avenue by which Social Security plaintiffs’ counsel are compensated, 14 subject to the 25 percent cap, although counsel must show that the fee sought is 15 reasonable for the services rendered. See Gisbrecht v. Barnhart, 535 U.S. 789, 807 16 (2002). Counsel’s “normal hourly billing charge for non-contingent-fee cases” and 17 the number of hours spent on the representation may aid “the court’s assessment of 18 the reasonableness of the fee yielded by the fee…