Gary Kaseman v. Commissioner of Social Security Administration
MINUTES (IN CHAMBERS) by Magistrate Judge Kenly Kiya Kato: denying 23 PETITION for Attorney Fees. (dts)
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
Date: November 30, 2017
Title: Gary Kaseman v. Nancy A. Berryhill
Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE
Attorney(s) Present for Plaintiff(s):
Attorney(s) Present for Defendant(s):
(In Chambers) Order re: Petition for Approval of Attorney Fees Under 42
U.S.C. § 406(b) [Dkt. 23]
On November 7, 2017, Plaintiff Gary Kaseman’s (“Plaintiff’s”) counsel, Troy Monge of
the Law Offices of Martin Taller, APC (“Counsel”), filed a Petition for Approval of Attorney’s
Fees Under to 42 U.S.C. § 406(b) (“Petition”). See ECF Docket No. (“Dkt.”) 23. Counsel’s
Petition seeks attorney’s fees pursuant to a fee agreement. Id. The Petition cites to paragraph
four of a Fee Agreement, which Counsel quotes as, “In the event my claim is appealed to the
federal court level and thereafter benefits become payable, I understand that my attorney may
petition SSA and/or the federal court for approval of attorney fees up to 25% of past-due benefits
due me and my family.” Dkt. 23, Petition at 1-2. However, the paragraph Counsel refers to
appears to have been intentionally stricken from the Fee Agreement signed by Plaintiff. Dkt. 231, Fee Agreement, Ex. 1.
Accordingly, Counsel’s Petition is DENIED without prejudice.
IT IS SO ORDERED.
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