(SS) Lopez v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 8, 20231:17-cv-01576California780 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BLANCA ESTELA LOPEZ, Case No. 1:17-cv-01576-JDP (SS) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

FOR ATTORNEY FEES UNDER 42 U.S.C.

v. § 406(b) COMMISSIONER OF SOCIAL ECF No.

SECURITY,

15 Defendant.

17 Plaintiff’s counsel moves for an award of attorney fees under 42 U.S.C. § 406(b). ECF No. 27. Plaintiff entered into a contingent fee agreement that provided she would pay counsel twenty-five percent of any award of past-due benefits. ECF No. 27-5 at 2-3. After this court remanded this action for further proceedings, plaintiff was found disabled and awarded $108,370 in past-due benefits. ECF No. 23; ECF No. 27-5 at 7-12. Counsel now seeks attorney’s fees in the amount of $27, 092.50, which is equal to twenty-five percent of total past-due benefits that plaintiff was awarded, with a credit to plaintiff for the fees previously awarded under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of…

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