Rodgers v. Commissioner of Social Security

Filing 24

ORDER GRANTING 21 Motion for Attorney Fees, signed by Magistrate Judge Barbara A. McAuliffe on 1/28/2021. (Apodaca, P)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DARLENE DENISE RODGERS,

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Plaintiff,

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Case No. 1:16-cv-00544-BAM
ORDER GRANTING MOTION FOR
ATTORNEY FEES

v.
(Doc. No. 21)
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Currently before the Court is the motion for attorney fees filed by Petitioner Cyrus Safa

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(“Counsel”), attorney for Darlene Denise Rodgers (“Plaintiff”), on December 11, 2020.1 (Doc.

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No. 21). Counsel requests fees in the amount of $9,000.00 pursuant to 42 U.S.C. § 1383(d)(2)(B),

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incorporating 42 U.S.C. § 406(b). (Id. at 4 and n. 2.) Plaintiff has not objected to the request. On

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December 15, 2020, the Commissioner of Social Security (“Commissioner”) filed a statement of

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non-opposition to fee request under § 406(b). (Doc. No. 22).

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I.

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Plaintiff filed this action challenging the denial of social security benefits on April 16,

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Relevant Background

2016. (Doc. No. 1.) On September 12, 2017, the Court issued an order reversing the
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This action proceeds before the Honorable Barbara A. McAuliffe for all purposes, including
entry of final judgment. See 28 U.S.C. § 636(c). (Doc. No. 23.)
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Commissioner’s denial of benefits and remanding the action for further proceedings. (Doc. No.

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19.) Judgment was entered in Plaintiff’s favor. (Doc. No. 20.) On November 17, 2017, the

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Court approved the parties’ stipulation to award Plaintiff attorney fees of $ 3,400.08 pursuant to

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the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. No. 20.)

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On remand, the Commissioner found Plaintiff had been under a disability since May 5,

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2011, her alleged onset date. (Doc. No. 21-2.) Past benefits were awarded in the amount of

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$62,169.64; 25% of that amount is $15,542.41. (Doc. No. 21-3.) Counsel previously received

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payment of $ 3,400.00 in EAJA fees. (Doc. Nos. 20; 21 at 3 (“the EAJA fee previously awarded

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and received in the amount of $3,400.00”); 22 at 2 (“Plaintiff’s attorney received $3,400 under

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the Equal Access to Justice Act (EAJA) . . .”).)
In the present motion, Counsel seeks attorney’s fees in the amount of $9,000.00.2 (Doc.

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No. 21.) Plaintiff’s counsel contends this fee is reasonable in light of the services expended and

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results achieved. (Id. at 5.) The Commissioner filed a statement indicating no objection to the fee

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request. (Doc. No. 22.)

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II.

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

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Legal Standard

who is awarded benefits:

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Whenever a court renders a judgment favorable to a claimant . . . 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

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406(b) controls fees awarded for representation of Social Security claimants in court). A

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contingency fee agreement is unenforceable if it provides for fees exceeding twenty-five percent

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of past-due benefits. Gisbrecht, supra, 535 U.S. at 807. “[A]n award of section 406(b) fees is

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offset by an award of attorney fees granted under the EAJA.” Jones v. Comm’r of Soc. Sec., No.

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1:17-cv-00846-SAB, 2021 WL 84401, at *2 (E.D. Cal. Jan. 11, 2021) (citing Gisbrecht, 535 U.S.

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Counsel’s motion seeks an order paying the fee of $9,000.00 less the $3,400.00 for EAJA fees
previously paid by the Commissioner for a net fee award of $5,600.00. (Doc. No. 21 at 1.)
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at 796.).

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III.

Discussion and Analysis

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District courts “have been deferential to the terms of contingency fee contracts in § 406(b)

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

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review contingent-fee arrangements “as an independent check, to assure that they yield

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reasonable results in particular cases.” Gisbrecht, 535 U.S. at 807. In doing so, the Court should

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consider “the character of the representation and the results the representative achieved.” Id. at

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808. In addition, the Court should consider whether the attorney performed in a substandard

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manner or engaged in dilatory conduct or excessive delays, and whether the fees are “excessively

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large in relation to the benefits received.” Crawford v. Astrue, 586 F.3d 1142, 1151 (9th Cir.

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2009) (en banc).

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In this case, after carefully considering the fee agreement and the applicable law, the

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Court finds Plaintiff’s counsel’s requested fees to be reasonable. In support of the motion for

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attorneys’ fees under 42 U.S.C. § 406(b), Plaintiff’s counsel attached the contingent fee

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agreement which provided for a contingent fee of 25% of the retroactive benefits. (Doc. No. 21-

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1.) Plaintiff’s counsel accordingly accepted the risk of loss in the representation. Plaintiff’s

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counsel additionally expended a total of 18.7 hours while representing Plaintiff before the District

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Court. (Doc. Nos. 21 at 3; 21-4.) The requested fee amount represents approximately 14.4% of

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past-due benefits and is within the applicable maximum. As a result of counsel’s work, the matter

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was remanded for further proceedings and the Commissioner awarded Plaintiff benefits.

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Plaintiff’s counsel provided a copy of the notice of award and the motion for attorney’s

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fees to Plaintiff. (Doc. No. 21 at 10.) Although served with the motion, Plaintiff did not challenge

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the requested fees which attests to their reasonableness. Likewise, the Commissioner did not

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object to the amount of fees requested by Plaintiff’s counsel. (Doc. No. 22.)

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Additionally, there is no indication counsel performed in a substandard manner or

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engaged in severe dilatory conduct to the extent that a reduction in fees is warranted. To the

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contrary, Plaintiff was able to secure a fully favorable decision and remand for further

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proceedings, including an award of past-due benefits. Accordingly, the Court finds the fees
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sought by counsel are reasonable in light the results achieved in this action, and the amount does

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not exceed twenty-five percent maximum permitted under 42 U.S.C. § 406(b).

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IV.

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Based upon the foregoing, the Court ORDERS:

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1.

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Conclusion and Order

Counsel’s motion for attorney fees under 42 U.S.C. § 406(b) (Doc. No. 21) is

GRANTED;
2.

Plaintiff’s counsel is awarded $9,000.00 in attorney fees pursuant to 42 U.S.C. §

406(b); and
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Plaintiff’s counsel shall compensate Plaintiff in the amount of $3,400.00 as an

offset for fees previously awarded pursuant to the EAJA.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 28, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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