Saul

Smith v. Saul

Caution
United States District Court, Southern District of CaliforniaJanuary 5, 20233:19-cv-01692-AGSCalifornia1,048 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CHERYL S., Case No.: 3:19-cv-1692-AGS Plaintiff, ORDER GRANTING MOTION FOR 42 U.S.C. § 406(b) FEES (ECF 25) v. Kilolo KIJAKAZI, Defendant. 15 Plaintiff’s counsel moves for attorney’s fees under 42 U.S.C. § 406(b). Counsel requests $15,000.00, offset by “an order to reimburse [plaintiff] the amount of $3,556.03 for EAJA fees previously paid.” (ECF 25, at 1.) This request represents nearly 25% of plaintiff’s past due benefits, which total approximately $60,350. (Id. at 8.) After being served with the motion, plaintiff has not filed any objection. (See ECF 25, at 23; ECF 27.) “Whenever a court renders a judgment favorable to a claimant,” “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 the past-due benefits . . . .” 42 U.S.C. § 406(b). “In contrast to fees awarded under fee-shifting provisions such as 42 U.S.C. § 1988, the fee is…

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