Seymour v. Commissioner of Social Security, C17-5849-JCC. (2019)
Court: District Court, D. Washington
Number: infdco20190712768
Visitors: 14
Filed: Jul. 09, 2019
Latest Update: Jul. 09, 2019
Summary: ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Plaintiff's unopposed motion for attorney fees (Dkt. No. 22). Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits . . . . 42 U.S.C. 406(b)(1)(A). Plaintiff agre
Summary: ORDER JOHN C. COUGHENOUR , District Judge . This matter comes before the Court on Plaintiff's unopposed motion for attorney fees (Dkt. No. 22). Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits . . . . 42 U.S.C. 406(b)(1)(A). Plaintiff agree..
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ORDER
JOHN C. COUGHENOUR, District Judge.
This matter comes before the Court on Plaintiff's unopposed motion for attorney fees (Dkt. No. 22).
Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits . . . .
42 U.S.C. § 406(b)(1)(A). Plaintiff agreed to pay his attorney 25% of his past-due benefits if his Social Security appeal was successful. (Dkt. No. 22-2.) Plaintiff's appeal was successful, and the total award is at least $144,823 in past-due benefits. (Dkt. Nos. 22-3, 22-4.) In accordance with the fee agreement, Plaintiff asks this Court to authorize a fee of $30,205.75 to be paid to his attorney. (Dkt. No. 22 at 1.) The Court finds that the total fee is reasonable given that it comports with the fee agreement, counsel's representation was effective, there was no undue delay, and the fee does not represent a windfall. (See Dkt. Nos. 20-1, 20-2.) The Commissioner does not oppose the request or the amount of fees. (See Dkt. No. 23.)
Plaintiff's motion for attorney fees (Dkt. No. 22) is GRANTED. Plaintiff's counsel is awarded attorney fees of $30,205.75 pursuant to 42 U.S.C. § 406(b). Such funds shall be paid to Schneider, Kerr & Robichaux, PO Box 14490, Portland, OR 97293. The attorney fees totaling $5,211.76 granted pursuant to the Equal Access to Justice Act shall be refunded to Plaintiff upon counsel's receipt of the 406(b) fee awarded.
Source: Leagle
