Case 8:20-cv-01185-GJS Document 25 Filed 01/25/23 Page 1 of 3 Page ID #:1472

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ALAN K.,1 11 Case No. 8:20-cv-01185-GJS Plaintiff 12 v. ORDER AWARDING 13 ATTORNEY’S FEES PURSUANT KILOLO KIJAKAJI,2 Acting TO

(b) 14 Commissioner of Social Security, 15 Defendant.

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17 On November 2, 2022, counsel for Plaintiff filed a Motion for Attorney’s 18 Fees Pursuant to

(b). [Dkt. 22.] Plaintiff’s counsel seeks an order 19 for payment of fees in the amount of $22,290, with a credit to Plaintiff in the amount 20 of $3,300 for fees that were previously awarded pursuant to

(d), 21 the Equal Access to Justice Act (“EAJA”). The Commissioner does not oppose the 22 motion. [Dkt. 23.] For the reasons stated below, the Court grants counsel’s Motion. 23

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25 1 In the interest of protecting Plaintiff’s privacy, this Order uses Plaintiff’s first 26 name and last initial. 2 This action was originally filed against Andrew Saul in his capacity as the 27 Commissioner of Social Security. The Court has substituted Kilolo Kijakazi, who has since been appointed the Acting Commissioner of Social Security, as the 28 defendant. See Fed. R. Civ. P. 25(d). Case 8:20-cv-01185-GJS Document 25 Filed 01/25/23 Page 2 of 3 Page ID #:1473

1 BACKGROUND 2 This case was previously remanded to the Commissioner for further 3 administrative proceedings. [Dkt 18.] The Commissioner subsequently granted 4 Plaintiff’s applications for disability insurance benefits and supplemental security 5 income, entitling Plaintiff to receive approximately $129,162 in retroactive benefits. 6 [Dkt 22 at 18, ¶ 4, 22-2.] 7

8 DISCUSSION 9 Under Section 406(b)(1) of Title 42, the Court may award to counsel a 10 portion of a judgment favorable to claimant for benefits as a reasonable fee for 11 representing the claimant, provided it does not exceed 25 percent of the claimant’s 12 past due benefits. See

(b)(1)(A). Contingent fee arrangements are 13 the primary avenue by which Social Security plaintiffs’ counsel are compensated, 14 subject to the 25 percent cap, although counsel must show that the fee sought is 15 reasonable for the services rendered. See Gisbrecht v. Barnhart,

, 807 16 (2002). Counsel’s “normal hourly billing charge for non-contingent-fee cases” and 17 the number of hours spent on the representation may aid “the court’s assessment of 18 the reasonableness of the fee yielded by the fee agreements.”

. 19 Here, counsel’s fee request is reasonable. Plaintiff agreed to pay counsel a 20 contingent fee of 25 percent of past due benefits. [Dkt 22 at 18, ¶ 2, 22-1.] The fee 21 requested, $22,290, amounts to approximately 17.3% of the past due benefits. [Dkt 22 22 at 4.] The amount sought translates into an hourly rate of $1,281.03 per hour for 23 legal services provided in litigating the case in this Court (15.1 hours of attorney 24 time; 2.3 hours of paralegal time [Dkt 22-4]), which is within the bounds of 25 reasonable hourly rates for legal work of this kind. The record discloses no issue 26 regarding the quality or efficiency of counsel’s representation before this Court, and 27 28 2 Cage 8:20-cv-01185-GJS Document 25 Filed 01/25/23 Page 3of3 Page #:1474 counsel obtained a favorable result for Plaintiff in the form of a stipulated remand □ for further administrative proceedings. See Crawford v. Astrue,

(9th Cir. 2009). ° ORDER ° IT IS THEREFORE ORDERED that Plaintiff's counsel’s Motion for ’ Attorney’s fees Pursuant to

(b) is GRANTED. Section 406(b) fees ® are allowed in the gross amount of $22,290, to be paid out of the sums withheld by ° the Commissioner from Plaintiff's past due benefits. Plaintiffs counsel is ordered to reimburse Plaintiff in the amount of $3,300 for EAJA fees previously awarded.

12 3 IT IS SO ORDERED.

14 15 DATED: January 25, 2023 Ups 16 HON.GAILJ.STANDISH 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28