Molina v. Commissioner of Social Security

Filing 25

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/15/24 GRANTING 22 Motion for Attorney Fees and Plaintiff's counsel is awarded $20,570.00 in attorney fees pursuant to 28 U.S.C. § 406(b). Upon payment of the fees sought herein, counsel shall refund plaintiff the amount of $5,600.00 previously awarded under EAJA. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LELANI MOLINA,

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No. 2:17-cv-01991-CKD

Plaintiff,
v.

ORDER

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 $20,570.00 for 37.4 hours of professional time devoted to

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the representation of plaintiff before this court. ECF No. 22. Counsel concedes that this amount

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should be offset by $5,600.00 in fees previously awarded under EAJA. See ECF No. 21.

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Defendant has filed a response and does not oppose the amount requested. 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.
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 37.4 hours of representation in the instant action, which resulted in

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a judgment for plaintiff and a remand for further proceedings. See ECF No. 18. The Court has

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considered the character of counsel’s representation and the good results achieved by counsel,

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which included an award of $93,208.00 in retroactive benefits. See ECF Nos. 22 at 3, n.1 & 22-2.

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Counsel submitted a detailed billing statement that supports her request. ECF No. 22-3. There is

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

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plaintiff’s counsel, as counsel secured a successful result. There is also no evidence that

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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 counsel’s motion for attorney fees (ECF No. 22) is granted; and

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2. Plaintiff’s counsel is awarded $20,570.00 in attorney fees pursuant to 28 U.S.C. §

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406(b). Upon payment of the fees sought herein, counsel shall refund plaintiff the

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amount of $5,600.00 previously awarded under EAJA.

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Dated: March 15, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/molina1991.fee-406(a)

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