(SS) Chavez v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaAugust 26, 20212:18-cv-01079California845 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL CHAVEZ, No. 2:18-cv-1079-EFB Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting 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 $20,000. ECF No. 31. Plaintiff was awarded past due benefits, and he has previously entered into a retainer agreement with his attorney which provides that he would pay counsel 25% of any past-due benefits won as a result of the appeal in this case. ECF No. 31-1 at 11-12. The amount requested is less than 25% of the past due benefits awarded to plaintiff. ECF Nos. 31, 31-1 at 2. Plaintiff’s attorney spent 21.5 hours litigating the case. ECF No. 31 at 6. ///// ///// ///// ///// 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…

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