Gerritson

Gerritson v. Berryhill

Good Law
United States District Court, Northern District of CaliforniaJune 5, 20243:18-cv-03492California526 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

L.G.,

Case No. 18-cv-03492-JCS Plaintiff, 8 v. ORDER DENYING MOTION FOR ATTORNEY'S FEES UNDER 42 U.S.C. MARTIN J. O’MALLEY, § 406(b) WITHOUT PREJUDICE 10 Defendant. Re: Dkt. No. 27

12 13 Joshua B. Kons (“counsel”), who represented L.G. in this matter under a contingency fee agreement, brings a Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) (“Motion”), seeking an award of $24,899.92. in attorney fees for work before this Court. The Motion is DENIED without prejudice on the basis that it is procedurally improper.1 First, where counsel files a motion for fees in an action for social security benefits, counsel must provide a statement showing that a copy of the motion has been sent to the plaintiff to the claimant. 20 C.F.R. § 404.1725(a)(7); Holder v. Astrue, No. CIV.05-3521-PHX (RCB), 2009 WL 1363538, at *3 (D. Ariz. May 7, 2009) (“There is no question but that, when making…

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