Lopez v. Astrue

Filing 31

ORDER on 30 Motion for an Award of Attorney's Fees Under 42 U.S.C. § 406 (b). The plaintiff, Cathryn M. Lopez, on behalf of her attorney, Frederick W. Newall, is entitled to an award of fees under 42 U.S.C. § 406(b) in the amount of $10,874.25. By Judge R. Brooke Jackson on 06/02/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No. 10-cv-03169-RBJ
CATHRYN M. LOPEZ,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

ORDER

This matter is before the Court on Plaintiff’s Motion for an Award of Attorney’s Fees
Under 42 U.S.C. § 406(b) [ECF No. 30]. Pursuant to this motion, counsel requests an additional
fee award to fill the gap between (1) the fees to which he would have been entitled pursuant to
42 U.S.C. § 406(b) and his fee agreement with the client, and (2) the fees he has already
recovered pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. The motion is
unopposed.
The Court has reviewed the file and the fees requested. Counsel has stayed with this case
doggedly through four district court remands until finally recovering benefits for the client in the
amount of $136,537. His fee agreement calls for a contingency fee of 25% of that amount or
$34,134.25. Having received $23,260 in fees under the EAJA, he now seeks an additional
$10,874.25. In assessing the reasonableness of the amount, the Court considers the character of
the representation and the results the representative achieved. Gisbrecht v. Barnhart, 535 U.S.
789, 808 (2002). The Court finds that counsel has competently and successfully pursued his
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client’s best interests. Although the typical “lodestar” calculation is not applicable in this
instance, the Court notes that if it did apply the lodestar method the fees would amount to
approximately $77 per hour for all of the district court work in the case. [ECF No. 30 at 2 n.1].
Looking at the fees for the entire life of the case has been held to be appropriate under section
406(b). Parrish v. Comm’r of Soc. Sec. Admin., 698 F.3d 1215, 1220–21 (9th Cir. 2012). Even
looking just to the most recent part of the case, the award would amount to $221.02 per hour,
which is within the range of reasonable rates for commercial litigation in this community and not
much higher than the applicable statutory maximum hourly rate of $175 (adjusted for the cost of
living for work performed in 2010) under the EAJA.
Accordingly, the Court finds that the additional fees requested are reasonable and hereby
ORDERS that the plaintiff, Cathryn M. Lopez, on behalf of her attorney, Frederick W. Newall, is
entitled to an award of fees under 42 U.S.C. § 406(b) in the amount of $10,874.25. The check
for fees shall be made payable to Frederick W. Newall and mailed to his office at 730 N. Weber
St., Suite #101, Colorado Springs, CO 80903.
DATED this 2nd day of June, 2015.

BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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