Castro v. Commissioner of Social Security

Filing 24

ORDER that Plaintiff file a response to the Commissioner's statement or file supplemental information. Plaintiff's counsel shall file a response to the Commissioner's February 4, 2014, statement or Plaintiffs counsel shall file addit ional documentation showing the Social Security Administration's official calculation of benefits to be awarded to Plaintiff and the amount withheld for attorney's fees. Order signed by Magistrate Judge Sheila K. Oberto on 3/7/2014. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MACHAEL MARIE CASTRO,

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Plaintiff,

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v.

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CAROLYN W. COLVIN,
Acting Commissioner of Social Security,

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Case No. 1:11-cv-02062-SKO
ORDER THAT PLAINTIFF FILE A
RESPONSE TO THE COMMISSIONER'S
STATEMENT OR FILE
SUPPLEMENTAL INFORMATION
(Doc. Nos. 21, 22)

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Defendant.
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_____________________________________/
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On January 7, 2014, Plaintiff's counsel, Cyrus Safa, filed a motion for attorney's fees

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23 pursuant to 42 U.S.C. § 1383(d)(2)(B). (Doc. 21.) Mr. Safa contends the Commissioner granted

24 Plaintiff benefits totaling $64,297.60, of which Mr. Safa requests a fee of $10,000.00 pursuant to
25 his contingency agreement with Plaintiff. Mr. Safa notes his fee agreement with Plaintiff provides
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Plaintiff's counsel's original request for attorney's fees was made pursuant to 42 U.S.C. § 406(b). Plaintiff, however,
was granted disability pursuant to Title XVI of the Social Security Act, and thus the request for attorney's fees is
governed by 42 U.S.C. § 1383(d)(2)(B). Mr. Safa filed an amended request for fees pursuant to Section 1383(d)(2)(B)
on January 27, 2014. (Doc. 22).

1 for a contingency of 25% of past-due benefits awarded for a total of $16,074.40; however, Mr.
2 Safa has reduced his request to $10,000. Mr. Safa further notes that, because he has been awarded
3 fees pursuant to the Equal Access to Justice Act ("EAJA") in the amount of $4,750, the $10,000
4 contingency fee award must be offset by that amount for a total contingency fee award of $5,250.
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In support of his fee request, Mr. Safa filed a "Notice of Decision" issued by the Social

6 Security Administration (the "Agency") dated October 18, 2013, indicating that a fully favorable
7 decision was reached on Plaintiff's claim for disability benefits. (Doc. 21-3.) Mr. Safa also filed a
8 "Notice of Award" letter he received from the Commissioner indicating Plaintiff had been
9 awarded benefits, and the letter provided the details of the monthly payments owed to Plaintiff on
10 past-due disability benefits.

The total back payments due to Plaintiff were calculated as

11 $64,297.60. (Doc. 21-4, p. 3.)
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On February 4, 2014, the Commissioner filed a response stating that, while Plaintiff's

13 counsel had calculated what he believed to be 25% of the past due benefits, there was no notice
14 from the Agency providing the official calculation of the amount withheld by the Agency for
15 attorney's fees. The Commissioner contends Mr. Safa's fee request should not be approved by the
16 Court until he obtains and files the official notice with the "actual agency calculations of the
17 amounts withheld" to pay attorney's fees. The Commissioner indicates she has been obligated to
18 file motions for reconsiderations in other cases where calculation errors were made because
19 counsel's estimate of fees did not comport with the official notice from the Agency. (Doc. 23,
20 2:16-25.) The Commissioner requests that Plaintiff's counsel's motion be denied without prejudice
21 to refiling with the proper documentation; alternatively, the Commissioner requests the Court
22 order Plaintiff's counsel to file the official notice from the Agency to corroborate the calculation of
23 attorney's fees on past-due benefits.
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Accordingly, IT IS HEREBY ORDERED that by no later than March 31, 2014:

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1.

Plaintiff's counsel shall file a response to the Commissioner's February 4, 2014,

26 statement; or
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2.

Plaintiff’s counsel shall file additional documentation showing the Social Security

2 Administration's official calculation of benefits to be awarded to Plaintiff and the amount withheld
3 for attorney's fees.
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IT IS SO ORDERED.
Dated:

March 7, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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