(SS) Pendergast v. Commissioner of Social Security

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BRYAN RUSSELL PENDERGAST, ) Case No.: 1:16-cv-0552 JLT ) Plaintiff, ) ORDER GRANTING COUNSEL’S MOTION ) FOR ATTORNEY FEES PURSUANT TO v. ) 42 U.S.C. § 406(b) ) ANDREW M. SAUL, ) (Doc. 29) Commissioner of Social Security, ) ) Defendant. )

Cyrus Safa, counsel for Plaintiff Adolfo Lugo, seeks an award of attorney fees pursuant to 42 U.S.C. § 406(b). (Doc. 29) Neither Plaintiff nor the Commissioner of Social Security have opposed the motion. For the following reasons, the motion for attorney fees is GRANTED. I. Relevant Background In 2016, Plaintiff entered into a contingent fee agreement with the Law Offices of Lawrence D. Rohlfing. (Doc. 29-1 at 1) Plaintiff indicated that he agreed his was entitled to “25% of the backpay awarded upon reversal of the unfavorable ALJ decision for work before the court.” (Id., emphasis omitted) The agreement also indicated counsel may seek…