Filed: Oct. 22, 2019
Latest Update: Oct. 22, 2019
Summary: ORDER STEVEN P. LOGAN , District Judge . Pending before the Court is Plaintiff's Motion for an Award of Attorneys' Fees Under 42 U.S.C. 406(b) (Doc. 24). On October 2, 2018, this Court granted the parties' Stipulated Motion for Remand (Docs. 19, 20). On remand, Plaintiff was awarded $67,811.50 1 in back benefits due, and a Notice of Award was issued on August 20, 2019 (Doc. 24-1). Plaintiff now seeks an award of $16,952.88 in attorneys' fees under 42 U.S.C. 406(b) (Doc. 24). The Soci
Summary: ORDER STEVEN P. LOGAN , District Judge . Pending before the Court is Plaintiff's Motion for an Award of Attorneys' Fees Under 42 U.S.C. 406(b) (Doc. 24). On October 2, 2018, this Court granted the parties' Stipulated Motion for Remand (Docs. 19, 20). On remand, Plaintiff was awarded $67,811.50 1 in back benefits due, and a Notice of Award was issued on August 20, 2019 (Doc. 24-1). Plaintiff now seeks an award of $16,952.88 in attorneys' fees under 42 U.S.C. 406(b) (Doc. 24). The Socia..
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ORDER
STEVEN P. LOGAN, District Judge.
Pending before the Court is Plaintiff's Motion for an Award of Attorneys' Fees Under 42 U.S.C. § 406(b) (Doc. 24).
On October 2, 2018, this Court granted the parties' Stipulated Motion for Remand (Docs. 19, 20). On remand, Plaintiff was awarded $67,811.501 in back benefits due, and a Notice of Award was issued on August 20, 2019 (Doc. 24-1). Plaintiff now seeks an award of $16,952.88 in attorneys' fees under 42 U.S.C. § 406(b) (Doc. 24).
The Social Security Act provides that the Court may award reasonable attorneys' fees for representation before the Court, not to exceed twenty-five percent of past-due benefits. 42 U.S.C. § 406(b)(1)(A). The Supreme Court in Gisbrecht v. Barnhart provides district courts with guidance on how to evaluate such Section 406(b) contingent-fee requests for reasonableness.
Most plausibly read, . . . § 406(b) does not displace contingent-fee agreements as the primary means by which fees are set for successfully representing Social Security benefits claimants in court. Rather, § 406(b) calls for court review of such arrangements as an independent check, to assure that they yield reasonable results in particular cases.
Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002). In determining whether such a fee award is reasonable under 42 U.S.C. § 406(b), the Court may look to factors including the character of the representation, the results achieved, delay, and proportionality. Gisbrecht, 535 U.S. at 808; Crawford v. Astrue, 586 F.3d 1142, 1148, 1151 (9th Cir. 2009).
Defendant does not object to the motion (Doc. 25). Upon review, the Court finds the request for $16,952.88 is twenty-five percent of Plaintiff's past-due benefits and does not exceed the statutory cap. In addition, the instant record provides no indication of substandard performance, dilatory litigation tactics, or disproportionality.2 Accordingly, this Court concludes that a consideration of the Gisbrecht factors warrants a finding that the fee requested is reasonable.
IT IS THEREFORE ORDERED that the Motion for an Award of Attorneys' Fees Under 42 U.S.C. § 406(b) (Doc. 24) is granted.
IT IS FURTHER ORDERED that Counsel is awarded $16,952.88 in accordance with 42 U.S.C. § 406(b). Upon receipt of this sum, Counsel shall refund the previously awarded EAJA fees of $2,800.88 to Plaintiff.
