Ibrahim v. Commissioner of Social Security

Filing 32

ORDER GRANTING 28 Plaintiff's Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b), signed by Magistrate Judge Jennifer L. Thurston on 7/24/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA IBRAHIM,

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Plaintiff,

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v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:13-cv-00065- JLT
ORDER GRANTING PLAINTIFF’S MOTION
FOR ATTORNEY FEES PURSUANT TO
42 U.S.C. § 406(b)
(Doc. 28)

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Jacqueline Forslund, attorney for Plaintiff Linda Ibrahim, seeks an award of attorney fees

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pursuant to 42 U.S.C. § 406(b). (Doc. 28) Plaintiff did not oppose the motion. Defendant filed a

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provided an analysis of the request for the Court, noting “the Commissioner has a role ‘resembling that

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of a trustee’ for Plaintiff. (Doc. 30 at 2-3, quoting Gisbrecht v. Barnhart, 535 U.S. 789, 798, n.6

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(2002). For the following reasons, the motion for attorney fees is GRANTED.

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I.

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Relevant Background
Plaintiff and entered into a contingent fee agreement with Dellert Baird Law Offices, PLLC

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which provided that Plaintiff would pay twenty-five percent of any awarded past due benefits. (Doc.

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28-1) On January 14, 2013, Plaintiff filed a complaint for review of the administrative decision

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denying her Social Security benefits. (Doc. 1) The Court determined the administrative law judge

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erred in the evaluation of the medical evidence. (Doc. 24 at 11-15) Therefore, the Court remanded
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the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Id.

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at 16) Following the entry of judgment in favor of Plaintiff (Doc. 25), the Court awarded $6,578.90 in

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attorney fees pursuant to the Equal Access to Justice Act. (Doc. 27)

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Upon remand, an administrative law judge issued a favorable decision, concluding Plaintiff

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was disabled beginning March 31, 2011. (Doc. 29) On May 16, 2015, the Commissioner issued a

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notice to Plaintiff, indicating the retroactive benefits amounted to $72,476.90. (Id. at 3)

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II.

An attorney may seek an award of fees for representation of a Social Security claimant who is

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Attorney Fees under § 406(b)

awarded benefits:
Whenever a court renders a judgment favorable to a claimant under [42 USC § 401, et
seq] who was represented before the court by an attorney, the court may determine and
allow as part of its judgment a reasonable fee for such representation, not in excess of
25 percent of the total of the past-due benefits to which the claimant is entitled by
reason of such judgment. . . .

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42 U.S.C. § 406(b)(1)(A); see also Gisbrecht v. Barnhart, 535 U.S. 789, 794 (2002) (Section 406(b)

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controls fees awarded for representation of Social Security claimants). A contingency fee agreement

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is unenforceable if it provides for fees exceeding twenty-five percent of past-due benefits. Id. at 807.

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III.

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Discussion and Analysis
District courts “have been deferential to the terms of contingency fee contracts § 406(b) cases.”

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Hern v. Barnhart, 262 F.Supp.2d 1033, 1037 (N.D. Cal. 2003). However, the Court must review

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contingent-fee arrangements “as an independent check, to assure that they yield reasonable results in

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particular cases.” Gisbrecht, 535 U.S. at 807. In doing so, the Court should consider “the character of

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the representation and the results the representative achieved.” Id. at 808. In addition, the Court

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should consider whether the attorney performed in a substandard manner or engaged in dilatory

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conduct or excessive delays, and whether the fees are “excessively large in relation to the benefits

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received.” Crawford v. Astrue, 586 F.3d 1142, 1149 (9th Cir. 2009) (en banc).

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In this case, Plaintiff entered into the contingent fee agreement in which she agreed to pay

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twenty-five percent of any awarded retroactive benefits. Dellert Baird Law Offices accepted the risk

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of loss in the representation and expended a total of 43.6 hours while representing Plaintiff in this
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matter. (Doc. 28 at 4; Doc. 28-2) As a result of counsel’s work to remand the action to an

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administrative law judge, Plaintiff ultimately received an award of benefits for disability. For this,

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Dellert Baird Law Offices requests a fee of $17,875.90. (Doc. 21 at 5; Doc. 31 at 2) Because

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$6,578.90 was paid under the EAJA, the net cost to Plaintiff is $11,297.00. (Id. at 5) This amount

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does not exceed twenty-five percent of the retroactive benefits.
Finally, although served with the motion (Doc. 28 at 6), Plaintiff did not file an opposition, and

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thereby indicates her belief that the fee request is reasonable.

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IV.

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Conclusion and Order
The fees sought by Dellert Baird Law Offices are reasonable in light of the number of hours

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expended in this action, and not in excess of the twenty-five percent maximum permitted under 42

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U.S.C. §406(b). In addition, there is no indication Counsel performed in a substandard manner or

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engaged in severe dilatory conduct in the course of their representation to the extent that a reduction in

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fees is warranted. To the contrary, Plaintiff was able to secure an award of benefits following the

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Court’s remand.

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Based upon the foregoing, IT IS HEREBY ORDERED:

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1.

The motion for attorney fees pursuant to 24 U.S.C. §406(b) in the amount of
$17,875.90 is GRANTED;

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2.

The Commissioner shall pay the amount directly to Dellert Baird Law Offices; and

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3.

Counsel SHALL refund $6,578.90 to Plaintiff Linda Ibrahim.

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IT IS SO ORDERED.
Dated:

July 24, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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