Cynthia Smith v. Michael J Astrue
Filing
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ORDER RE: "COUNSEL'S MOTION FOR ATTORNEY FEES PURSUANT TO 42 U.S.C. 406(b) by Magistrate Judge Charles F. Eick. Section 406(b) fees are allowed in the gross amount of $5,406.39, to be paid out the sums withheld by the Commissioner from Plaintiff's benefits. Counsel shall reimburse Plaintiff in the amount of $2,000, previously paid by the Government under the Equal Access to Justice Act. (sp)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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CYNTHIA SMITH,
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Plaintiff,
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v.
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CAROLYN W. COLVIN, Acting
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Commissioner of Social Security,
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Defendant.
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___________________________________)
NO. CV 12-2768-E
ORDER RE: “COUNSEL’S MOTION
FOR ATTORNEY FEES PURSUANT TO
42 U.S.C. § 406(b)”
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On March 12, 2015, counsel for Plaintiff filed “Counsel’s Motion
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for Attorney Fees Pursuant to 42 U.S.C. § 406(b)” (“the motion”).
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person filed timely opposition to the motion.
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March 12, 2015.
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No
amount of $5,406.39.
See Minute Order, filed
Counsel for Plaintiff seeks attorneys fees in the
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BACKGROUND
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The Court previously remanded this matter to the Commissioner for
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further administrative action.
The Commissioner subsequently awarded
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benefits to Plaintiff totaling $37,083.
Plaintiff’s counsel
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represented Plaintiff under a contingent fee agreement providing for
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fees in the amount of 25 percent of past-due benefits.
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APPLICABLE LAW
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Section 406(b)(1) of Title 42 provides:
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Whenever a court renders a judgment favorable to a claimant
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. . . who was represented before the court by an attorney,
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the court may determine and allow as part of its judgment a
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reasonable fee for such representation, not in excess of
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25 percent of the total of the past-due benefits to which
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the claimant is entitled . . . In case of any such judgment,
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no other fee may be payable . . . for such representation
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except as provided in this paragraph.
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406(b)(1)(A).
42 U.S.C. §
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According to the United States Supreme Court, section 406(b)
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does not displace contingent-fee agreements as the primary
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means by which fees are set for successfully representing
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Social Security benefits claimants in court.
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§ 406(b) calls for court review of such arrangements as an
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independent check, to assure that they yield reasonable
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results in particular cases.
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boundary line:
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that they provide for fees exceeding 25 percent of the past-
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due benefits.
Rather,
Congress has provided one
Agreements are unenforceable to the extent
Within this 25 percent boundary . . . the
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attorney for the successful claimant must show that the fee
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sought is reasonable for the services rendered.
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v. Barnhart, 535 U.S. 789, 807 (2002) (citations omitted)
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(“Gisbrecht”).
Gisbrecht
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The hours spent by counsel representing the claimant and
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counsel’s “normal hourly billing charge for noncontingent-fee cases”
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may aid “the court’s assessment of the reasonableness of the fee
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yielded by the fee agreement.”
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Id. at 808.
The Court appropriately
may reduce counsel’s recovery
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based on the character of the representation and the results
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the representative achieved.
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for delay, for example, a reduction is in order so that the
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attorney will not profit from the accumulation of benefits
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during the pendency of the case in court.
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are large in comparison to the amount of time counsel spent
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on the case, a downward adjustment is similarly in order.
If the attorney is responsible
If the benefits
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Id. (citations omitted).
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DISCUSSION
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The fee sought does not exceed the agreed-upon 25 percent of
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past-due benefits.
Neither “the character of the representation” nor
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“the results the representative achieved” suggest the unreasonableness
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of the fee sought.
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significant delay in securing Plaintiff’s benefits.
Plaintiff’s counsel was not responsible for any
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Because the
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present case is legally indistinguishable from Crawford v. Astrue,
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586 F.3d 1142 (9th Cir. 2009), this Court is unable to find that a
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comparison of the benefits secured and the time Plaintiff’s counsel
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spent on the matter suggest the unreasonableness of the fee sought.
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Therefore, the Court concludes that “the fee sought is reasonable for
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the services rendered,” within the meaning of Gisbrecht.
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ORDER
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Section 406(b) fees are allowed in the gross amount of $5,406.39,
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to be paid out of the sums withheld by the Commissioner from
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Plaintiff’s benefits.
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of $2,000, previously paid by the Government under the Equal Access to
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Justice Act.
Counsel shall reimburse Plaintiff in the amount
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IT IS SO ORDERED.
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DATED:
April 15, 2015.
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______________/S/_______________
CHARLES F. EICK
UNITED STATES MAGISTRATE JUDGE
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