(SS) Cortez v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaAugust 22, 20192:15-cv-00684California565 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHANDRA LEE CORTEZ, No. 2:15-cv-00684 CKD Plaintiff, v. ORDER ANDREW M. SAUL, Commissioner of Social Security, 15 Defendant.

17 Based on 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an award of attorney fees in the amount of $5,166.02 for 6.2 hours of professional time devoted to the representation of plaintiff before this court. Counsel concedes that this amount should be offset in the amount of $497.02 for fees previously awarded under EAJA. 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment. 26 Rather…

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