(SS) Lepeltak v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJanuary 30, 20242:20-cv-01503California610 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERI LEPELTAK, No. 2:20-cv-01503 CKD Plaintiff, v. ORDER COMMISSIONER OF SOCIAL

SECURITY,

15 Defendant.

17 Based on 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an award of attorney fees in the amount of $23,000.00 for 15.95 hours of professional time devoted to the representation of plaintiff before this court. ECF No. 28. Counsel concedes that this amount should be offset by $3,100.00 in fees previously awarded under EAJA. See ECF No. 27. Defendant has filed a response and does not oppose the amount requested. ECF No. 29. 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 court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of…

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