Baca v. Saul

Filing 44

ORDER GRANTING IN PART 41 Motion for Attorney Fees. Signed by Judge Timothy M. Burgess on May 4, 2022. See Order for details. (NMG, CHAMBERS STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

INEZ B., 1
Plaintiff,
v.
KILOLO KIJAKAZI, 2
Case No. 4:18-cv-00030-TMB
Acting Commissioner of the Social Security
Administration,
Defendant.

ORDER RE ATTORNEY FEES
PURSUANT TO 42 U.S.C. § 406(b)(1)
Inez B. (“Plaintiff”), by her attorney, Paul B. Eaglin, moves the Court for
authorization of attorney fees pursuant to 42 U.S. 406(b)(1). 3 Defendant Kilolo Kijakazi
(the “Commissioner”) opposes this request. 4 On April 29, 2022, Plaintiff filed her motion
in reply. 5

Plaintiff’s name is partially redacted in compliance with Fed. R. Civ. P. 5.2(c)(2)(B) and the
recommendation of the Committee on Court Administration and Case Management of the Judicial
Conference of the United States. See Memorandum, Committee on Court Administration and
Case Management of the Judicial Conference of the United States (May 1, 2018),
https://www.uscourts.gov/sites/default/files/18-cv-l-suggestion_cacm_0.pdf.

1

Kilolo Kijakazi is now the Acting Commissioner of Social Security and is automatically substituted
as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act,
42 U.S.C. 405(g) (action survives regardless of any change in the person occupying the office of
Commissioner of Social Security).
2

3

Dockets 41, 43.

4

Docket 42.

5

Docket 43.

On August 28, 2018, Plaintiff initiated this action without representation. 6 On
October 13, 2019, Plaintiff’s attorney, Paul B. Eaglin, filed a notice of appearance. 7 On
April 10, 2020, the Court remanded this action for further proceedings, under the fourth
sentence of 42 U.S.C. § 405(g). 8 On August 3, 2020, the Court granted Plaintiff’s
amended motion for attorney fees pursuant to the Equal Access to Justice Act (“EAJA”). 9
On April 2, 2022, the Social Security Administration issued a Notice of Award. 10
Under 42 U.S.C. § 406(b), the Court may award a claimant’s attorney for “a
reasonable fee not in excess of 25 percent of the total of the past-due benefits to which
the claimant is entitled” for that attorney’s representation before the Court. 11 Additionally,
“Congress harmonized fees payable by the Government under EAJA with fees payable
under § 406(b) out of the claimant’s past-due Social Security Benefits in this manner: Fee
awards may be made under both prescriptions, but the claimant’s attorney must refund
to the claimant the amount of the smaller fee.” 12
On April 18, 2022, Plaintiff filed the pending attorney fee motion pursuant to 42
U.S.C. § 406(b)(1) in the amount of $23,923.28, representing 25% of the award, for 16.3

6

Docket 1.

7

Docket 26.

8

Docket 34(Order). Judgment was entered on April 20, 2020. Docket 35.

9

Docket 40.

10

Docket 41-1.

11

42 U.S.C. § 406(b)(1)(A).

Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002)(internal citations omitted); see also Culbertson
v. Berryhill, 139 S.Ct. 517, 521 (Jan. 8, 2019).

12

Case No. 4:18-cv-00030-TMB, Inez B. v. Kijakazi
Order
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hours of attorney work. 13 The Commissioner objected to the amount of attorney fees
requested by Plaintiff.

Among other arguments, the Commissioner contended that

amount of the past-due benefits accrued while Plaintiff proceeded without counsel would
constitute a windfall to Plaintiff’s attorney.

The Commissioner proposed a reduced

attorney fee award of $20,801.28 14 less an administrative assessment pursuant to 42
U.S.C. § 406(d) and remittance to Plaintiff of the attorney fees awarded pursuant to
EAJA. 15 In her reply brief, Plaintiff conceded to the Commissioner’s proposed attorney
fee amount of $20,801.28, acknowledging that “past due benefits in this case were
inflated by the fact that a significant period of time passed while [Plaintiff] was attempting
to proceed pro se.”16 The Court agrees that the amount of Plaintiff’s attorney fee should
be reduced for the time Plaintiff spent proceeding without representation in this case. 17
///
//
/

13

Docket 41.

Defendant notes that this amount “is calculated by adding the monthly benefits amounts for
August 2018 through September 2019 (or $12,489.30) and multiplying that sum by 25 percent.”
Docket 42 at 5.
14

15

Docket 42.

16

Docket 43.

Costa v. Comm’r of Soc. Sec. Admin., 690 F.3d 1132, 1136 (9th Cir. 2012) (The amount of time
an attorney reasonably spends on a specific case “will always depend on case-specific factors,
including . . . the complexity of the legal issues, the procedural history, the size of the record, and
when counsel was retained”).

17

Case No. 4:18-cv-00030-TMB, Inez B. v. Kijakazi
Order
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For the above stated reasons,
IT IS HEREBY ORDERED that Plaintiff is awarded attorney fees in the amount of
Twenty Thousand Eight Hundred One and 28/100 Dollars ($20,801.28). The check shall
be mailed to:
Paul B. Eaglin, Esq.
Eaglin Law Office
P.O. Box 6033
Syracuse, NY 13217-6033
Upon receipt of payment, Plaintiff’s attorney shall refund the EAJA fee in the
amount of Three Thousand Three Hundred Forty-Five and 58/100 Dollars ($3,345.58) to
Plaintiff.
DATED this 4th day of May, 2022 at Anchorage, Alaska.

/s/ Timothy M. Burgess
TIMOTHY M. BURGESS
UNITED STATES DISTRICT JUDGE

Case No. 4:18-cv-00030-TMB, Inez B. v. Kijakazi
Order
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