Petri v. Astrue

Filing 37

ORDER granting 36 Plaintiff's Motion for Attorney Fees. Signed by Senior Judge James A Teilborg on 9/19/2013.(VPB)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Peggy A. Petri,
Plaintiff,

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No. CV-10-02477-PHX-JAT
ORDER

v.
Carolyn W. Colvin, acting Commissioner
of Social Security,

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Defendant.

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Pending before the Court is Plaintiff’s Attorney’s Amended Motion for an Award

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of Attorneys’ Fees under 42 U.S.C. §406(b) (Doc. 36). The Court now rules on the

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Motion.

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Plaintiff’s counsel seeks $9,659.25 in attorney’s fees pursuant to 42 U.S.C. §

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406(b). Section 406(b) provides that, whenever the Court renders a favorable judgment

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to a social security claimant, the Court may award reasonable attorneys’ fees for

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representation of the claimant. 42 U.S.C. § 406(b)(1)(A). The reasonable fee cannot

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exceed twenty-five percent of the total past-due benefits awarded to the claimant. Id.

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The fee is payable out of, and not in addition to, the amount of the past-due benefits. Id.

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Section 406(b) “does not displace contingent-fee agreements as the primary means

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by which fees are set for successfully representing” social security claimants in court.

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Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002).

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Plaintiff and her counsel had a contingent-fee agreement in this case typical of fee

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agreements in disability benefits cases. The contingent-fee agreement provides that

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Plaintiff’s counsel’s fee shall equal twenty-five percent of all past-due benefits awarded

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to Plaintiff and any other individuals entitled to benefits by reason of the award to

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Plaintiff. (Doc. 38-1). Twenty-five percent of the total amount of past-due benefits

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awarded to Plaintiff and others as a result of the Judgment in her favor is $9,659.25.

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Plaintiff’s counsel therefore seeks an award of attorneys’ fees in the amount of $9,659.25.

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The Commissioner does not object to this amount.

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Because the Court finds the contingent fee in this case is reasonable, the Court will

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award Plaintiff’s counsel attorneys’ fees in the amount of $9,659.25 pursuant to 42

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U.S.C. § 406(b).

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Based on the foregoing,

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IT IS ORDERED that Plaintiff’s Attorney’s Amended Motion for an Award of

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Attorneys’ Fees under 42 U.S.C. §406(b) (Doc. 36) is granted in the amount of

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$9,659.25.

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Dated this 19th day of September, 2013.

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