DAVID L. RUSSELL, District Judge.
Pending before the Court is Plaintiff's Motion for Attorney's Fees Under 42 U.S.C. § 406(b), Doc. 31. On June 13, 2016, the Court reversed the Commissioner's decision denying Plaintiff disability benefits and remanded the matter to the administrative law judge ("ALJ") for further proceedings. See Doc. 23. Upon remand on January 21, 2018, the ALJ awarded Plaintiff $80,069 in past-due benefits, $20,017.25 withheld for attorney's fees. See Doc. 31-2, at 4. On January 25, Plaintiff filed this timely Rule 60(b) motion to amend the Court's earlier judgment and grant him $20,017.25 in attorney's fees. See Fed. R. Civ. Pro. 60(c)(1) ("A motion under Rule 60(b) must be made within a reasonable time."); McGraw v. Barnhart, 450 F.3d 493, 505 (10th Cir. 2006) ("A motion for an award of fees under § 406(b)(1) should be filed within a reasonable time of the Commissioner's decision awarding benefits."). The Court now reviews whether the requested fee amount is "reasonable" and not in excess of 25% of past-due benefits under 42 U.S.C. § 406(b)(1)(A). The Court hereby grants the Motion for the following reasons.
The Supreme Court instructed courts to look first to the "contingent-fee agreement" and "then test[] it for reasonableness." Gisbrecht v. Barnhart, 535 U.S. 789, 808 (2002). To determine reasonableness, the Court considers attorney delay, the quality of representation, and whether an award constitutes a "windfall" for the lawyer relative to their time spent on the case. See id. Looking first to the contingent-fee agreement, Counsel requests the twenty-five percent statutory maximum fee award, or $20,017.25, governed by Plaintiff's "Attorney Fee Agreement." Doc. 31-1; see 42 U.S.C. § 406(b)(1)(A). The agreement sets counsel's fee at the greater of (1) 25% of past-due benefits resulting from Plaintiff's claims, "which [Plaintiff] understand[s] may exceed $500.00 per hour," or (2) the EAJA award. Id. at 1.
Counsel's 25% contingency fee is reasonable. It accounts for the inherent risk of litigating social security cases, in which there is no guarantee counsel will be completely compensated for their services.
The Court hereby GRANTS the Motion for Attorney's Fees, Doc. 31, under 42 U.S.C. § 406(b) and awards Plaintiff's counsel $20,017.25 in fees. The Commissioner shall pay the fees directly to Plaintiff's counsel Miles L. Mitzner. In light of the previous EAJA fee award, counsel shall reimburse Plaintiff the amount of $5,500. See Order and Judgment Granting EAJA Award, Docs. 27 and 28; Attorney Fee Agreement, Doc. 31-1; 42 U.S.C. § 406(b)(1)(A) ("In case of any such [judgment of past-due benefits under this chapter], no other fee may be payable or certified for payment for such representation except as provided in this paragraph."); Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir. 1986) ("[T]he attorney will receive both the award under EAJA and the award under the Social Security Act, but will be required to pay the smaller amount to his client.").
IT IS SO ORDERED.