Reyna v. Commissioner of Social Security

Filing 39

ORDER DISMISSING plaintiff's Motion for Attorney's Fees, document 31 . The motion is dismissed, without prejudice, to plaintiff's renewing it upon determination of the final amount of past-due benefits; order signed by Magistrate Judge Sandra M. Snyder on 10/16/2012. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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PABLO REYNA,

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CASE NO. 1:09-cv-01970-SMS
Plaintiff,
ORDER DISMISSING MOTION FOR
ATTORNEYS’ FEES

v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,

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(Docs. 31 and 36)
Defendant.

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On October 3, 2012, this Court ordered Plaintiff to supplement his motion for attorneys’
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fees with (1) a copy of the letter or other documentation from Social Security Administration
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confirming the final total amount of benefits to be paid to him pursuant to this Court’s order and
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(2) proof of service on Plaintiff Pablo Reyna of the motion for attorneys’ fees. Plaintiff
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responded by providing the requested proof or service and a letter from the Social Security
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Administration increasing the amount being withheld on his behalf for attorneys’ fees. Plaintiff
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did not provide written confirmation of the final total amount of past benefits payable to him as
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the Court had directed him to do. Plaintiff’s attorneys stated that they do not request the
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increased amount now being withheld on Plaintiff’s behalf but only the amount that they
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previously requested.
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The Court may determine and allow attorneys’ fees not to exceed 25 percent of the total
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past-due benefits to which a claimant is entitled as a result of a judgment in his favor. 42 U.S.C.
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§ 406(b). Calculating attorneys’ fees proportional to total amount of past-due benefits paid to
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their client contemplates that the Court know the final total amount. Amounts withheld pending

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the Administration’s determination of the final total amount may approximate the ceiling on the

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fees that ultimately will be payable to a claimant’s attorneys but cannot be substituted for a

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proper calculation based on the final amount of past-due fees. Without knowing the final amount

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of Plaintiff’s past-due benefits, the Court cannot calculate and order payment of attorneys’ fees to

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his counsel.

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Accordingly, Plaintiff’s motion for attorneys’ fees pursuant to 42 U.S.C. § 406(b) (Doc.

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31) is DISMISSED without prejudice to Plaintiff’s renewing his motion upon determination of

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the final amount of past-due benefits.

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IT IS SO ORDERED.

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Dated:
icido3

October 16, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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