(SS) Kirk v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 VONDA K. KIRK, No. 2:13-cv-2571-EFB Plaintiff, v. ORDER ANDREW SAUL, Commissioner of Social Security, 14 Defendant.

16 Pursuant to 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an award of attorney fees in the amount of $30,612.65, which is less than 22 percent of past benefits due to plaintiff. ECF No. 36. Plaintiff entered into a retainer agreement with her attorney which provides that she would pay counsel 25 percent of any past-due benefits won as a result of the appeal in this case. ECF No. 37-1. The court previously determined that counsel reasonably expended 104.2 hours litigating plaintiff’s case. ECF No. 35. 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…