(SS) Lockhart v. Commissioner of Social Security
Opinion
Trial Court Opinion
I. BACKGROUND
5 Plaintiff filed the complaint in this case on September 19, 2020. (ECF No. 1). 6 On May 12, 2021, the parties filed a stipulation for voluntary remand for further 7 proceedings pursuant to Sentence Four of 42 U.S.C. § 405(g). (ECF No. 16). On May 14, 2021, 8 the assigned district judge entered an order approving the parties’ stipulation and entering 9 judgment in favor of Plaintiff. (ECF No. 17). On June 17, 2022, pursuant to the parties’ 10 stipulation, the assigned district judge entered an order awarding Plaintiff $1, 412.90 in EAJA 11 fees. (ECF Nos. 19, 20). 12 On remand, the Commissioner held further proceedings and determined Plaintiff was 13 entitled to disability insurance benefits. (ECF No. 21, p. 3). The Commissioner calculated 14 Plaintiff’s past-due benefits at $108,641.60 and 25%, i.e., $27,160.40, was withheld to pay 15 Plaintiff’s representative. (ECF No. 21, p. 3 n.1; ECF No. 21-2, p. 1). This matter is now before the Court on counsel’s motion, seeking an award of $6,580. (ECF No. 31). II. DISCUSSION Under the Social Security Act, attorneys may seek a reasonable fee for cases in which they have successfully represented social…