Helen K. v. Bisignano (C.D. Ca. July 1, 2025) -406(b) fees - recovery for work of attorney not admitted or on fee agreement

Helen K. v. Bisignano, Case No. 21-cv-09711-KES (C.D. Ca. July 1, 2025) (406(b) Order) (Order by U.S. Magistrate Judge Karen E. Scott)

Briefs for purchase: Plaintiff’s Supplemental Memorandum and Order

Topic addressed:
• 406(b) fees – recovery for work of attorney not admitted or on fee agreement

Rulings addressed: none

Issue briefed:

Whether the Court may award fees under 42 U.S.C. § 406(b) based on the work of an attorney who is neither listed as counsel of record nor a party to the fee contract with the plaintiff. 

Court decision:

After filing an unopposed motion for fees under 42 U.S.C. § 406(b), the court requested further briefing regarding whether “the Court may award fees under 42 U.S.C. § 406(b) based on the work of an attorney who is neither listed as counsel of record nor a party to the fee contract with the plaintiff.”  Following the filing of a Supplemental Memorandum, the court awarded all § 406(b) fees sought.