(SS) Hamm v. Commissioner of Social Security

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK HAMM, Case No. 2:21-cv-00645-JDP 12 Plaintiff, ORDER 13 v. GRANTING PLAINTIFF’S COUNSEL

ATTORNEY FEES UNDER 42 U.S.C.

14 MARTIN O’MALLEY, § 406(b)

COMMISSIONER OF SOCIAL

15 SECURITY, ECF No. 26 16 Defendant. 17 18 Plaintiff’s counsel seeks an award of attorney fees under 42 U.S.C. § 406(b).1 ECF No. 19 26. Plaintiff entered into a contingent fee agreement that provided that he would pay counsel 20 twenty-five percent of any award of past-due benefits. ECF No. 26-2. After this court remanded 21 the action for further proceedings, plaintiff was found disabled and awarded $47,601.72 in past- 22 due benefits. See ECF No. 21; ECF No. 26-1. Counsel now seeks attorney fees in the amount of 23 $11,900.00, which is equal to twenty-five percent of total past-due benefits that plaintiff was 24 awarded, with a credit to plaintiff for the fees previously awarded under the Equal Access to 25 Justice Act…