(SS) Gregg v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARY JANE GREGG, Case No. 1:18-cv-01106-JDP (SS) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

FOR ATTORNEY FEES

v. ECF No. 28 COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant.

17 Plaintiff moves for the award of attorney fees in the amount of $10,425.75 to plaintiff’s 18 attorney Shellie Lott under 42 U.S.C. § 406(b). ECF No. 28. Plaintiff and her attorney entered 19 into a written contingent fee agreement that provided for a fee in the amount of 25 percent of 20 past-due benefits. ECF No. 28-3 at 1. Plaintiff’s attorney is requesting 25 percent of total past- 21 due benefits, which amounts to $10,425.75.1 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…