Norris v. Commissioner of Social Security

Filing 25

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/22/2020 GRANTING 22 Motion for Attorney Fees. Plaintiff's counsel is awarded $15,893.63 in attorney fees pursuant to 28 U.S.C. § 406. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHERRI NORRIS,

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No. 2:17-cv-01861 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 $15,893.63 for 25.45 hours of professional time devoted

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to the representation of plaintiff before this court. Plaintiff’s counsel avers that EAJA fees in this

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case were withheld pursuant to a federal debt by plaintiff and, as a result, counsel has not received

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any fees in this case and requests the entire 406(b) amount without an EAJA offset. (ECF No.

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22.) Defendant has filed a statement of non-opposition. (ECF No. 24.)

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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 25.45 hours. The Court has considered the character of counsel’s

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representation and the good results achieved by counsel, which included an award entitling

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plaintiff to $87,574.50 in past-due benefits. (ECF No. 22-3.) Counsel has submitted a billing

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statement documenting a total of 25.45 attorney hours in 2017, 2018, and 2019. (ECF No. 22-4.)

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There is no indication that a reduction of the award is warranted due to any substandard

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performance by plaintiff’s counsel, as counsel secured a successful result. There is also no

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evidence that plaintiff’s counsel engaged in any dilatory 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 amended motion for attorney fees (ECF No. 24) is granted; and

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2. Plaintiff’s counsel is awarded $15,893.63 in attorney fees pursuant to 28 U.S.C. § 406.

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Dated: September 22, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/norris1861.fee-406(a)

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