Blasquez-Tracy v. Commissioner of Social Security

Filing 33

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/3/19 ORDERING that plaintiff's counsel is awarded $10,000.00 in attorney fees pursuant to 28 U.S.C. § 406, to be offset in the amount of $4,500.00 previously awarded under EAJA. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHERIE BLASQUEZ-TRACY,

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No. 2:15-cv-02621 CKD

Plaintiff,
v.

ORDER

NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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Based on 42 U.S.C. § 406(b), counsel for plaintiff in the above-entitled action seeks an

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award of attorney fees in the amount of $10,000.00 for 25.50 hours of professional time devoted

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to the representation of plaintiff before this court. Counsel concedes that this amount should be

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offset in the amount of $4,500.00 for fees previously awarded under EAJA.

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42 U.S.C. § 406(b)(1)(A) provides, in relevant part:
Whenever a court renders a judgment favorable to a claimant under
this subchapter 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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Rather than being paid by the government, fees under the Social Security Act are awarded out of

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the claimant’s disability benefits. Russell v. Sullivan, 930 F.2d 1443, 1446 (9th Cir. 1991),
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receded from on other grounds, Sorenson v. Mink, 239 F.3d 1140, 1149 (9th Cir. 2001).

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However, the 25 percent statutory maximum fee is not an automatic entitlement; the court also

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must ensure that the requested fee is reasonable. Gisbrecht v. Barnhart, 535 U.S. 789, 808-09

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(2002) (“We hold that § 406(b) does not displace contingent-fee agreements within the statutory

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ceiling; instead, § 406(b) instructs courts to review for reasonableness fees yielded by those

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agreements.”). “Within the 25 percent boundary ... the attorney for the successful claimant must

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show that the fee sought is reasonable for the services rendered.” Id. at 807.

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Counsel seeks fees for 25.50 hours. Based on the quality of counsel’s representation and
the results achieved in this case, the undersigned finds the number of hours expended to be

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reasonable. The hourly rate of $392.16 is also reasonable. Accordingly, the undersigned will

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award the amount of attorney fees requested.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s counsel is awarded $10,000.00

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in attorney fees pursuant to 28 U.S.C. § 406, to be offset in the amount of $4,500.00 previously

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awarded under EAJA.

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Dated: June 3, 2019

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/blasquez2621.fee-406(a)

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