Quiambao v. Berryhill

Filing 20

ORDER Granting Motion for Attorney's Fees (ECF No. 17 ). Signed by Judge Cynthia Bashant on 1/28/21. (jmo)

Case 3:17-cv-02305-BAS-RBB Document 20 Filed 01/28/21 PageID.1359 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 17-cv-02305-BAS-RBB

ARLEEN Y. QUIAMBAO,

ORDER GRANTING MOTION FOR
ATTORNEY’S FEES (ECF No. 17)

v.
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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After successfully representing a Social Security disability benefits claimant, Ms.

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Quiambao, in federal court, her counsel seeks attorney’s fees in the amount of $10,000.

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(Mot. for Atty’s Fees, ECF No. 17.) The Government, in its role “resembling that of a

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trustee,” see Gisbrecht v. Barnhart, 535 U.S. 789, 798 n.6 (2002), takes no position with

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respect to the request. (ECF No. 19.) The Court agrees that the requested attorney’s fees

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are reasonable and GRANTS the request.

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Counsel entered into a contingency agreement with Plaintiff whereby she agreed to

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pay 25% of past-due benefits awarded. (ECF No. 17-7.) After a successful appeal to this

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Court and remand to the Commissioner, Plaintiff was awarded past due benefits of

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$84,601.00. (Mot. for Atty’s Fees Attachs. A and B.)

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Case 3:17-cv-02305-BAS-RBB Document 20 Filed 01/28/21 PageID.1360 Page 2 of 2

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Under 42 U.S.C. §406(b)(1)(A), counsel for a successful claimant, appealing the

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denial of Social Security disability benefits, may receive a fee if the Court determines the

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fee requested is reasonable and “not in excess of twenty-five percent of the total of the past-

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due benefits to which the claimant is entitled” by reason of such appeal. Generally, a Court

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is required to credit a contingency fee agreement but may reduce the amount of the award

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for substandard performance, delay, or benefits that are not proportionate to the time spent

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on the case. Crawford v. Astrue, 586 F.3d 1142, 1151 (9th Cir. 2009). In this case, counsel

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requests less than the 25% contingency fee and documents 56 hours expended in pursuing

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the appeal in the federal district court. (ECF No. 17-4.)

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The Court, therefore, finds that the requested attorney’s fees in the amount of

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$10,000 is reasonable and should not be reduced. The Motion for Attorney’s Fees in the

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amount of $10,000 (ECF No. 17) is GRANTED.

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IT IS SO ORDERED.

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DATED: January 28, 2021

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