Rygg v. Commissioner of Social Security

Filing 41

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/20/2019 GRANTING 39 Motion for Attorney Fees. Plaintiff's counsel is awarded $18,134.13 in attorney fees pursuant to USC 406, to be offset in the amount of $7,500.00 previously awarded under EAJA. Plaintiff's counsel shall reimburse Sonia Rygg in the amount of $7,500.00. (Streeter, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SONJA KAY RYGG,

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No. 2:16-cv-02737 JAM CKD

Plaintiff,
v.

ORDER

ANDREW SAUL, 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 $18,134.13 for 43 hours of professional time devoted to

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

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offset in the amount of $7,500.00 for fees previously awarded under EAJA. (ECF No. 39.)

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Defendant has filed a response to this request.

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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 43 hours. The Court has considered the character of counsel’s
representation and the good results achieved by counsel, which included an award entitling

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plaintiff and her son to $112,536.50 in past-due benefits. (ECF No. 39-2; see ECF No. 40 at 2.)

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Counsel has submitted two billing statements documenting a total of 43 attorney hours in 2016

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and 2017. (ECF Nos. 39-6, 39-7.) There is no indication that a reduction of the award is

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warranted due to any substandard performance by plaintiff’s counsel, as counsel secured a

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successful result. There is also no evidence that plaintiff’s counsel engaged in any dilatory

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conduct resulting in delay.

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Based on the quality of counsel’s representation and the results achieved in this case, the

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undersigned finds the number of hours expended to be reasonable. Accordingly, the undersigned

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will award the amount of attorney fees requested.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for attorney fees (ECF No. 39) is granted; and

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2. Plaintiff’s counsel is awarded $18,134.13 in attorney fees pursuant to 28 U.S.C. § 406,

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to be offset in the amount of $7,500.00 previously awarded under EAJA. Plaintiff’s

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counsel shall reimburse Sonia Rygg in the amount of $7,500.00.

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Dated: December 20, 2019

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2/rygg2737.fee-406(a)

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