(SS) Peoples v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DALE PEOPLES, No. 2:19-cv-01221 CKD (SS) 12 Plaintiff, 13 v. ORDER 14 KILOLO KIJAKAZI, Acting 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 $8,045.98 for 15.2 hours of professional time devoted to 20 the representation of plaintiff before this court. Counsel concedes that this amount should be 21 offset in the amount of $3,728.80 for fees previously awarded under EAJA. 22 42 U.S.C. § 406(b)(1)(A) provides, in relevant part: 23 Whenever a court renders a judgment favorable to a claimant under this subchapter who was represented before the court by an attorney, 24 the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of 25 the total of the past-due benefits to which the claimant is entitled by reason of such judgment. 26 27 Rather than being paid by the government, fees under the Social Security Act are awarded out of 28 the claimant’s disability benefits. Russell v. Sullivan, 930 F.2d 1443, 1446 (9th Cir. 1991), 1 | receded from on other grounds, Sorenson v. Mink, 239 F.3d 1140, 1149 (9th Cir. 2001). 2 || However, the 25 percent statutory maximum fee is not an automatic entitlement; the court also 3 || must ensure that the requested fee is reasonable. Gisbrecht v. Barnhart, 535 U.S. 789, 808-09 4 | (2002) (“We hold that § 406(b) does not displace contingent-fee agreements within the statutory 5 || ceiling; instead, § 406(b) instructs courts to review for reasonableness fees yielded by those 6 || agreements.”). “Within the 25 percent boundary ... the attorney for the successful claimant must 7 || show that the fee sought is reasonable for the services rendered.” Id. at 807. 8 Counsel seeks fees for 15.2 hours. (ECF 26-4.) The Court has considered the character of 9 || counsel’s representation and the good results achieved by counsel, which included an award of 10 || benefits upon remand. Counsel submitted a detailed billing statement that supports his request. 11 | There is no indication that a reduction of the award is warranted due to any substandard 12 || performance by plaintiffs counsel, as counsel secured a successful result. There is also no 13 || evidence that plaintiff's counsel engaged in any dilatory conduct resulting in delay. 14 Based on the quality of counsel’s representation and the results achieved in this case, the 15 || undersigned finds the number of hours expended to be reasonable. Accordingly, the undersigned 16 | will award the amount of attorney fees requested. 17 Accordingly, IT IS HEREBY ORDERED that: 18 1. Plaintiff's amended motion for attorney’s fees (ECF No. 26) is granted; 19 2. Plaintiffs counsel is awarded $8,045.98 in attorney fees pursuant to 28 U.S.C. § 406, 20 to be offset in the amount of $3,278.80 previously awarded under EAJA. □□□□□□□□□□□ 21 counsel shall reimburse plaintiff Dale Peoples in the amount of $3,278.80. 22 | Dated: August 24, 2021 / ae I / dle ae 8 CAROLYNK. DELANEY 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 || 2/peoples1221.fee-406(a) 28