(SS) Ohman v. Commissioner of Social Security
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEBBIE OHMAN, No. 2:16-cv-2722-JAM-EFB Plaintiff, v. FINDINGS AND RECOMMENDATIONS ANDREW SAUL, Commissioner of Social Security, 15 Defendant.
17 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 $15,521.50, which is 25 percent of past benefits due to plaintiff. ECF No. 31. Plaintiff entered into a retainer agreement with his attorney which provides that he would pay counsel 25 percent of any past-due benefits won as a result of the appeal in this case. ECF No. 31-2 at 1. Counsel spent 54.7 professional hours on plaintiff’s case. ECF No. 31 at 7-11. ///// ///// 26 1 Plaintiff was previously awarded fees under the EAJA in the amount of $10,329.87, plus $400.00 for costs, for a total award of $10,729.87. See ECF Nos. 28 and 33. Counsel acknowledges that any award under section 406(b) would require a refund to plaintiff the sum of $10,729.87…