Gary Kaseman v. Commissioner of Social Security Administration

Filing 27

MINUTES (IN CHAMBERS) by Magistrate Judge Kenly Kiya Kato: denying 23 PETITION for Attorney Fees. (dts)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL Case No. SACV 15-922-KK Date: November 30, 2017 Title: Gary Kaseman v. Nancy A. Berryhill Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE DEB TAYLOR Not Reported Deputy Clerk Court Reporter Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present Proceedings: (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. Page 1 of 1 CIVIL MINUTES—GENERAL Initials of Deputy Clerk __

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