ELIZABETH A. PRESTON DEAVERS, Magistrate Judge.
This matter is before the Court for consideration of counsel for Plaintiff's Motion for Authorization of Attorney's Fees Pursuant to 42 U.S.C. § 406(b). (ECF No. 24.) Counsel requests twenty-five percent of past-due benefits pursuant to 42 U.S.C. § 406(b).
Counsel moves for fees pursuant to 42 U.S.C. § 406(b), which provides in relevant part:
42 U.S.C. § 406(b)(1)(A). Pursuant to this statute, the Court may only award fees for work done at the district court level. Horenstein v. Sec'y of Health & Human Servs., 35 F.3d 261, 262 (6th Cir. 1994) ("[I]n cases where the court remands the case back to the Secretary for further proceedings, the court will set the fee—limited to 25 percent of past-due benefits—for the work performed before it, and the Secretary will award whatever fee the Secretary deems reasonable for the work performed on remand and prior administrative proceedings."); see also Gisbrecht v. Barnhart, 535 U.S. 789, 794 (2002) ("The statute deals with the administrative and judicial review stages discretely: § 406(a) governs fees for representation in administrative proceedings; § 406(b) controls fees for representation in court.") Accordingly, to the extent attorneys seek fees for work performed at the administrative level, they should turn directly to the Commissioner pursuant to 42 U.S.C. § 406(a)(1) to obtain them. Horenstein, 35 F.3d at 262-63.
In evaluating the reasonableness of requested fees, the Court "begin[s] by using twenty-five percent of the past due benefits as a benchmark." Rodriquez v. Bowen, 865 F.2d 739, 746 (6th Cir. 1989) ("While we use that mark as a starting point for the court's analysis, we emphasize that it is not to be viewed as per se reasonable."). When a claimant has entered into a contingency fee agreement entitling counsel to twenty-five percent of past-due benefits awarded, the Court presumes, subject to rebuttal, that the contract is reasonable. Id. at 746. The Court, however, still stands as an "independent check" on the reasonableness of such arrangements. Gisbrecht, 535 U.S. at 807.
In assessing the reasonableness of a fee, the Court can consider a variety of factors including the hours spent in representation and "the lawyer's normal hourly billing charge for noncontingent-fee cases." Id. at 808. The Court should reduce fees in situations where counsel "would otherwise enjoy a windfall because of either an inordinately large benefit award of from minimal effort expended." Rodriquez, 865 F.2d at 746. Even in contingency-agreement cases, the Court may calculate hourly rates in considering whether an award results in a windfall. Hayes v. Sec'y of Health & Human Servs., 923 F.2d 418, 421-22 (6th Cir. 1990). The United States Court of Appeals for the Sixth Circuit, however, has expressed dissatisfaction with the use of an across-the-board, strict hourly rate limitation:
Id. at 422.
In this case, without further information, the undersigned cannot find counsel's requested fee reasonable. The time sheets counsel submitted indicate that he spent sixteen hours on work relevant to proceedings before the Court. (See ECF No. 24-1.) Counsel requests twenty-five percent of past due benefits, which in this case is $16,546.25. Dividing this figure over a sixteen hour span results in an hourly rate of approximately $1034. Even without reaching an exact figure as to the standard rate for counsel's work in the relevant market, the Court can confidently conclude that the hourly rate counsel seeks well exceeds the floor set in Hayes. Moreover, counsel fails to indicate whether such a fee is the result of a contingency agreement. In fact, counsel offers no briefing regarding the reasonableness of such a fee. Accordingly, the undersigned cannot approve counsel's request based on the current information before the Court. See Tharp v. Comm'r of Soc. Sec., No. 1:08-cv-542, 2011 WL 3439193, at *4 (S.D. Ohio May 25, 2011) (holding that "the claimed fee of $25,709.13 for 18.75 hours resulting in a hypothetical fee of $1,371.75 per hour would amount to an unconscionable windfall") (Report and Recommendation later adopted).
Because of the lack of information, counsel's application for fees is
Finally, although the Commissioner does not have a direct financial interest in an award of fees pursuant to 42 U.S.C. § 406(b), the Court admonishes the Commissioner that he still "plays a part in the fee determination resembling that of a trustee for the claimants." Gisbrecht, 535 U.S. at 798 n.6.
For the foregoing reasons, Plaintiff counsel's Motion for Authorization of Attorney's Fees Pursuant to 42 U.S.C. § 406(b) is
The Clerk is