(SS) Marks v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 19, 20192:16-cv-01701California728 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KAELONI DALE MARKS, No. 2:16-cv-1701-EFB Plaintiff, v. ORDER ANDREW SAUL, Commissioner of Social Security, 15 Defendant.

17 Plaintiff’s counsel has filed a renewed motion for an award of attorney’s fees under 42 U.S.C. § 406(b). ECF No. 26. Plaintiff entered into a retainer agreement with his attorney which provides that he would pay counsel the lesser of 25 percent of any award of past-due benefits resulting from the appeal in this case, or $6,000. ECF No. 26-1. Counsel now seeks an award of attorney’s fees in the amount of $6,000. See ECF No. 27-2. Counsel spent 47 professional hours on plaintiff’s case. ECF No. 26 at 3. ///// ///// ///// 27 Counsel’s original motion failed to demonstrate his entitlement to attorney’s fees and, consequently, it was denied without prejudice to renewal. ECF No. 25. 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: Whenever a court renders a judgment favorable to a…

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