(SS) Fox v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaFebruary 6, 20202:16-cv-02855California774 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 TRACEY ELIZABETH FOX, No. 2:16-cv-2855-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 $17,091, which is 25 percent of past benefits due to plaintiff. ECF No. 31. Plaintiff entered into a retainer agreement with her attorney which provides that she would pay counsel up to 25 percent of any past-due benefits awarded as a result of the appeal in this case. ECF No. 31-1. Counsel spent 41.4 professional hours on plaintiff’s case. ECF No. 32 at 4-5. 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…

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