(SS) Coats v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JIMMY E. COATS, No. 2:18-cv-02298-EFB (SS) Plaintiff, COMMISSIONER OF SOCIAL ORDER

SECURITY,

14 Defendant. 15 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 $10,900.00. ECF No. 28-1. Defendant has not opposed the motion nor timely filed a response. Plaintiff was awarded past due benefits, and he previously entered into a retainer agreement with his attorney providing that he would pay counsel 25 percent of any past-due benefits won as a result of the appeal in this case. ECF No. 28-4. The amount requested is less than 25% of the past due benefits awarded to plaintiff. See ECF Nos. 28-2 & 28-3 (plaintiff was awarded a total of $91,049.10 in past-due benefits). Plaintiff’s attorney spent 16.4 hours litigating the case. ECF No. 28-5. 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: Whenever a court renders a judgment favorable to a claimant under…