(SS) Guzman v. Commissioner of Social Security

Filing 36

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/24/24 GRANTING 33 Motion for Attorney Fees and AWARDING plaintiff $24,417.75 in attorney fees to be offset in the amount of $16,383.93 previously awarded under EAJA. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JUAN GUZMAN,

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No. 2:22-cv-00799 CKD
Plaintiff,

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v.

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ORDER

COMMISSIONER OF SOCIAL
SECURITY,

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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 $24,417.75 for 77.45 hours of professional time devoted

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to the representation of plaintiff before this court in two separate actions. 1 ECF No. 33. Counsel

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concedes that this amount should be offset in the amount of $16,383.93 for fees previously

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awarded under EAJA in both cases. Defendant has filed a response. ECF No. 34.
42 U.S.C. § 406(b)(1)(A) provides, in relevant part:

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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

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See also Guzman v. Comm’r, 2:20-cv-00468 KJN (E.D. Cal.). Judgment was entered for
plaintiff on February 3, 2021 pursuant to a stipulated remand, and plaintiff was granted $8,383.93
in EAJA fees. ECF Nos. 20, 21 & 27.
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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 77.45 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 of benefits.

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Counsel submitted a detailed billing statement that supports his request. ECF No. 33-3. 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 motion for attorney fees (ECF NO. 33) is GRANTED; and

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2. Plaintiff’s counsel is awarded $24,417.75 in attorney fees pursuant to 28 U.S.C. §

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406, to be offset in the amount of $16,383.93 previously awarded under EAJA.

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Dated: September 24, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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