(SS) Norris v. Commissioner of Social Security ( 2020 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHERRI NORRIS, No. 2:17-cv-01861 CKD 12 Plaintiff, 13 v. ORDER 14 ANDREW SAUL, Commissioner of Social Security, 15 Defendant. 16 17 18 Based on 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an 19 award of attorney fees in the amount of $15,893.63 for 25.45 hours of professional time devoted 20 to the representation of plaintiff before this court. Plaintiff’s counsel avers that EAJA fees in this 21 case were withheld pursuant to a federal debt by plaintiff and, as a result, counsel has not received 22 any fees in this case and requests the entire 406(b) amount without an EAJA offset. (ECF No. 23 22.) Defendant has filed a statement of non-opposition. (ECF No. 24.) 24 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: 25 Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, 26 the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of 27 the total of the past-due benefits to which the claimant is entitled by reason of such judgment. 28 LOY NE MMIC ee PI ee AY eI 1 | Rather than being paid by the government, fees under the Social Security Act are awarded out of 2 | the claimant’s disability benefits. Russell v. Sullivan, 930 F.2d 1443, 1446 (9th Cir. 1991), 3 | receded from on other grounds, Sorenson v. Mink, 239 F.3d 1140, 1149 (9th Cir. 2001). 4 | However, the 25 percent statutory maximum fee is not an automatic entitlement; the court also 5 | must ensure that the requested fee is reasonable. Gisbrecht v. Barnhart, 535 U.S. 789, 808-09 6 | (2002) (“We hold that § 406(b) does not displace contingent-fee agreements within the statutory 7 | ceiling; instead, § 406(b) instructs courts to review for reasonableness fees yielded by those 8 | agreements.”). “Within the 25 percent boundary ... the attorney for the successful claimant must 9 | show that the fee sought is reasonable for the services rendered.” Id. at 807. 10 Counsel seeks fees for 25.45 hours. The Court has considered the character of counsel’s 11 | representation and the good results achieved by counsel, which included an award entitling 12 | plaintiff to $87,574.50 in past-due benefits. (ECF No. 22-3.) Counsel has submitted a billing 13 | statement documenting a total of 25.45 attorney hours in 2017, 2018, and 2019. (ECF No. 22-4.) 14 | There is no indication that a reduction of the award is warranted due to any substandard 15 | performance by plaintiff's counsel, as counsel secured a successful result. There is also no 16 | evidence that plaintiff's counsel engaged in any dilatory conduct resulting in delay. 17 Based on the quality of counsel’s representation and the results achieved in this case, the 18 | undersigned finds the number of hours expended to be reasonable. Accordingly, the undersigned 19 | will award the amount of attorney fees requested. 20 Accordingly, IT IS HEREBY ORDERED that: 21 1. Plaintiff's amended motion for attorney fees (ECF No. 24) is granted; and 22 2. Plaintiff’s counsel is awarded $15,893.63 in attorney fees pursuant to 28 U.S.C. § 406. 23 | Dated: September 22, 2020 Ci ide f | fe 24 CAROLYN K. DELANEY : 25 UNITED STATES MAGISTRATE JUDGE 26 27 || 2morris1861.fee-406(a) 28

Document Info

Docket Number: 2:17-cv-01861

Filed Date: 9/23/2020

Precedential Status: Precedential

Modified Date: 6/19/2024