1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ARLEEN Y. QUIAMBAO, Case No. 17-cv-02305-BAS-RBB

12 Plaintiff, ORDER GRANTING MOTION FOR 13 v. ATTORNEY’S FEES (ECF No. 17)

14 NANCY A. BERRYHILL, Acting

Commissioner of Social Security, 15 Defendant. 16 17 18 After successfully representing a Social Security disability benefits claimant, Ms. 19 Quiambao, in federal court, her counsel seeks attorney’s fees in the amount of $10,000. 20 (Mot. for Atty’s Fees, ECF No. 17.) The Government, in its role “resembling that of a 21 trustee,” see Gisbrecht v. Barnhart,

, 798 n.6 (2002), takes no position with 22 respect to the request. (ECF No. 19.) The Court agrees that the requested attorney’s fees 23 are reasonable and GRANTS the request. 24 Counsel entered into a contingency agreement with Plaintiff whereby she agreed to 25 pay 25% of past-due benefits awarded. (ECF No. 17-7.) After a successful appeal to this 26 Court and remand to the Commissioner, Plaintiff was awarded past due benefits of 27 $84,601.00. (Mot. for Atty’s Fees Attachs. A and B.) 28 1 Under

(b)(1)(A), counsel for a successful claimant, appealing the 2 denial of Social Security disability benefits, may receive a fee if the Court determines the 3 || fee requested is reasonable and “not in excess of twenty-five percent of the total of the past- 4 || due benefits to which the claimant is entitled” by reason of such appeal. Generally, a Court 5 ||is required to credit a contingency fee agreement but may reduce the amount of the award 6 || for substandard performance, delay, or benefits that are not proportionate to the time spent 7 ||on the case. Crawford v. Astrue,

(9th Cir. 2009). In this case, counsel 8 |/requests less than the 25% contingency fee and documents 56 hours expended in pursuing 9 || the appeal in the federal district court. (ECF No. 17-4.) 10 The Court, therefore, finds that the requested attorney’s fees in the amount of 11 |/$10,000 is reasonable and should not be reduced. The Motion for Attorney’s Fees in the 12 || amount of $10,000 (ECF No. 17) is GRANTED. 13 IT IS SO ORDERED. 14 A , 15 DATED: January 28, 2021 (Yin A (Lyohan. 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 _9.