United States Ninth Circuit

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Parrish v. Comm'r of Soc. Sec. Admin., 11-35332

District court's order reducing the amount of attorneys' fees for representing a claimant in a Social Security benefits claims is affirmed where: 1) under the plain language of section 406(b)(1) of the Social Security Act , a federal court may consider an attorney's representation of the client throughout the case in determining whether a fee award is reasonable; and 2) if a court awards attorney fees under section 2412(d)of the Equal Access to Justice Act (EAJA) for the representation of a Social Security claimant on an action for past-due benefits, and also awards attorney fees under section 406(b)(1) for representation of the same claimant in connection with the same claim, the claimant's attorney receives fees for the same work under section 2412(d) and section 406(b)(1) for purposes of the EAJA savings provision.

Appellate Information

  • Decided 11/05/2012
  • Published 11/05/2012

Judges

  • Ikuta

Court

  • United States Ninth Circuit

Counsel