(SS) Hamm v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaApril 4, 20242:21-cv-00645California789 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JACK HAMM, Case No. 2:21-cv-00645-JDP Plaintiff, ORDER v. GRANTING PLAINTIFF’S COUNSEL

ATTORNEY FEES UNDER 42 U.S.C.

MARTIN O’MALLEY, § 406(b)

COMMISSIONER OF SOCIAL

SECURITY, ECF No. 26 Defendant. 17 Plaintiff’s counsel seeks an award of attorney fees under 42 U.S.C. § 406(b). ECF No. 26. Plaintiff entered into a contingent fee agreement that provided that he would pay counsel twenty-five percent of any award of past-due benefits. ECF No. 26-2. After this court remanded the action for further proceedings, plaintiff was found disabled and awarded $47,601.72 in past- due benefits. See ECF No. 21; ECF No. 26-1. Counsel now seeks attorney fees in the amount of $11,900.00, 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…

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