McMahan v. Commissioner of Social Security Administration

Filing 24

ORDER - IT IS THEREFORE ORDERED that the Motion for an Award of Attorneys' Fees Under 42 U.S.C. § 406(b) (Doc. 22 ) is granted. IT IS FURTHER ORDERED that Counsel is awarded $14,168.25 in accordance with 42 U.S.C. § 406(b). Upon receipt of this sum, Counsel shall refund the previously awarded EAJA fees of $5,352.68 to Plaintiff. (See document for complete details). Signed by Judge Steven P Logan on 10/22/19. (SLQ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Rochelle Maureene McMahan,

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Plaintiff,
vs.

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Commissioner of Social Security
Administration,

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Defendant.

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No. CV-17-01861-PHX-SPL
ORDER

Pending before the Court is Plaintiff’s Motion for an Award of Attorneys’ Fees
Under 42 U.S.C. § 406(b) (Doc. 22).

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On June 29, 2018, this Court reversed the final decision of the Commissioner of the

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Social Security Administration and remanded for further proceedings (Doc. 17).

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Approximately four months later, the Court awarded $5,352.68 in attorneys’ fees and

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$20.01 in costs under the Equal Access to Justice Act (the “EAJA”) (Doc. 21). On remand,

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Plaintiff was awarded $89,740 in back benefits due, and a Notice of Award was issued on

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December 17, 2018 (Doc. 22–1). On April 15, 2019, Plaintiff was awarded an addition

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$24,853 in auxiliary benefits (Doc. 22–2). Plaintiff now seeks an award of $14,168.25 in

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attorneys’ fees under 42 U.S.C. § 406(b) (Doc. 22).

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The Social Security Act provides that the Court may award reasonable attorneys’

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fees for representation before the Court, not to exceed twenty-five percent of past-due

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benefits. 42 U.S.C. § 406(b)(1)(A). The Supreme Court in Gisbrecht v. Barnhart provides

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district courts with guidance on how to evaluate such Section 406(b) contingent-fee

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requests for reasonableness.

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Most plausibly read, . . . § 406(b) does not displace contingentfee agreements as the primary means by which fees are set for
successfully representing Social Security benefits claimants in
court. Rather, § 406(b) calls for court review of such
arrangements as an independent check, to assure that they yield
reasonable results in particular cases.

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Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002). In determining whether such a fee award

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is reasonable under 42 U.S.C. § 406(b), the Court may look to factors including the

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character of the representation, the results achieved, delay, and proportionality. Gisbrecht,

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535 U.S. at 808; Crawford v. Astrue, 586 F.3d 1142, 1148, 1151 (9th Cir. 2009).

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Defendant does not object to the motion (Doc. 23). Upon review, the Court finds

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the request for $14,168.25 is less than twenty-five percent of Plaintiff’s past-due benefits

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and does not exceed the statutory cap. In addition, the instant record provides no indication

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of substandard performance, dilatory litigation tactics, or disproportionality.1 Accordingly,

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this Court concludes that a consideration of the Gisbrecht factors warrants a finding that

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the fee requested is reasonable.
IT IS THEREFORE ORDERED that the Motion for an Award of Attorneys’ Fees

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Under 42 U.S.C. § 406(b) (Doc. 22) is granted.

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The fee request results in an effective hourly rate of $520.89. “In cases of this
type, the Ninth Circuit sitting en banc has approved effective hourly rates of $519, $875,
and $902 without finding that they are unreasonable.” Young v. Colvin, 2014 WL 590335
at *2 (D. Ariz. 2014) (citing Crawford, 586 F.3d at 1153). Taking into account the risk
inherent in contingent-fee arrangements, the Court concludes the hourly rate is reasonable.
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IT IS FURTHER ORDERED that Counsel is awarded $14,168.25 in accordance

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with 42 U.S.C. § 406(b). Upon receipt of this sum, Counsel shall refund the previously

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awarded EAJA fees of $5,352.68 to Plaintiff.

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Dated this 22nd day of October, 2019.

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Honorable Steven P. Logan
United States District Judge

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