Regan v. Berryhill

Filing 29

Order by Magistrate Judge Robert M. Illman granting 25 Motion for Attorney Fees. (rmilc1s, COURT STAFF) (Filed on 5/15/2020)

Case 3:17-cv-02658-EDL Document 29 Filed 05/15/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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JULIE EMMA REGAN,
Plaintiff,

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ORDER GRANTING MOTION FOR
ATTORNEYS FEES

v.

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United States District Court
Northern District of California

Case No. 17-cv-02658-EDL (RMI)

NANCY A. BERRYHILL,

Re: Dkt. No. 25

Defendant.

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On March 28, 2018, Judge Laporte entered an order granting Plaintiff’s Motion for

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Summary Judgment, reversing the ALJ’s determination, and remanding this matter for further

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proceedings. See (dkt. 20). On May 30, 2018, Judge Laporte granted the parties’ Stipulation for

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Award and Payment of Equal Access to Justice Act (“EAJA”) Fees, Costs, and Expenses in the

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amount of $7,250.00. See (dkt. 36). On March 29, 2020, the Social Security Administration

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awarded Plaintiff past-due benefits in the amount of $94,397.1 See (dkt. 25-1).
Plaintiff’s attorney now seeks an award of attorney’s fees pursuant to 42 U.S.C. §

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406(b)(1). For the reasons explained below, the court will grant the motion.

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DISCUSSION

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Unlike the EAJA, 42 U.S.C § 406(b) does not authorize the prevailing party to recover fees

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from the losing party. Rather, Section 406 authorizes fees payable from the successful party’s

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recovery. Specifically, 42 U.S.C. § 406(b)(1)(A), provides that “[w]henever a court renders a

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judgment favorable to a claimant . . . who was represented before the court by an attorney, the

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The total award was $94,397, and the Commission withheld twenty-five percent of the past-due benefits,
$22,490.25, to pay Plaintiff’s appointed representative. See (dkt. 25-1).

Case 3:17-cv-02658-EDL Document 29 Filed 05/15/20 Page 2 of 2

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court may determine and allow as part of its judgment a reasonable fee for such representation, not

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in excess of 25% of the total of the past-due benefits to which the claimant is entitled by reason of

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such judgment.” Courts addressing Section 406(b) fee determinations must do so “by looking first

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to the contingent-fee agreement, then testing it for reasonableness.” Crawford v. Astrue, 586 F.3d

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1142, 1149 (9th Cir. 2009) (quoting Gisbrecht v. Barnhart, 535 U.S. 789, 808 (2002)). In

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considering whether the contingent-fee agreement is reasonable, courts may consider factors

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including “the character of the representation and the result the representation achieved.”

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Gisbrecht, 535 U.S. at 808.
In this case, Plaintiff and her attorney contracted for a contingent fee in the amount equal

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to twenty-five percent of the past due benefits awarded to Plaintiff and her family if she won her

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United States District Court
Northern District of California

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case. See (dkt. 25-2). This amount is allowable under Section 406(b)(1)(A). The court finds these

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fees eminently reasonable in light of the excellent result achieved by Plaintiff’s attorney, i.e., the

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granting of Plaintiff’s motion for summary judgment, reversal of the ALJ’s decision, and remand

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for further proceedings which resulted in an award of more than $90,000 in past-due benefits.

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Defendant does not dispute the reasonableness of the fees sought by Plaintiff’s counsel, noting that

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the Commissioner is not a party to the contingent-fee agreement between Plaintiff and her

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attorney. See (dkt. 27). The court finds no basis to reduce the requested fees.

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The parties agree that the court must account for the attorney’s fees paid by the

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Commissioner on her own behalf pursuant to the EAJA. Accordingly, the court HEREBY

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GRANTS Plaintiff’s Motion for Attorney’s Fees Pursuant to 42 U.S.C. 406(b)(1) in the amount of

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$22,490.25 and directs Plaintiff’s counsel to refund $7,250.00 to Plaintiff.

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IT IS SO ORDERED.
Dated: May 15, 2020

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ROBERT M. ILLMAN
United States Magistrate Judge

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