(SS) Keel v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaMarch 29, 20211:17-cv-01522California568 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHARLES KEEL, Case No. 1:17-cv-01522-JDP (SS) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

FOR ATTORNEY FEES

v. ECF No. 25 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant.

17 Plaintiff moves for the award of attorney fees in the amount of $19,468.50 to plaintiff’s 18 attorney Young Yim under 42 U.S.C. 406(b). ECF No. 25. Plaintiff and his attorney entered into 19 a written contingent fee agreement that provided for a fee in the amount of 25 percent of past-due 20 benefits. ECF No. 27-1 at 2. Plaintiff’s attorney is requesting 25 percent of total past-due 21 benefits, which amounts to $19,468.50.1 22 An attorney may seek an award of fees for representation of a Social Security claimant 23 who is awarded benefits upon a favorable judgment for claimant. 42 U.S.C. § 406(b)(1)(A). A 24 contingency fee agreement is unenforceable if it provides for fees exceeding 25 percent of past- 25 due benefits. Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002). The court must review 26 27 1 The court…

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