Ellington v. Berryhill

Filing 22

ORDER finding as moot 20 Motion for Attorney Fees; granting 21 Motion for Attorney Fees. Plaintiff's counsel is further ordered to refund the EAJA award of $8,526.58 to Plaintiff. Signed by Chief Judge J. Randal Hall on 10/19/2020. (pts)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

SUSAN ELLINGTON,

Plaintiff,
CV 617-072

V.

Andrew Saul,^
Commissioner of Social

Security,
Defendant.

ORDER

Before the Court are Plaintiff Susan Ellington's motion for

attorney's fees and amended motion for attorney's fees.
20, 21.)

(Docs.

The first motion is denied as moot, and the amended

motion is granted for the following reasons.
Following

this

Court's

reversal

and

remand

to

the

Commissioner (Docs. 15, 16), Plaintiff was awarded approximately

$111,766 in past-due benefits.

(See Docs. 21-2, 21-3.)

Plaintiff

now seeks attorney's fees in the amount of $21,941.50 under 42

U.S.C. § 406(b)(1).

She already sought and was awarded $8,526.58

in attorney's fees pursuant to the Equal Access to Justice Act
C'EAJA").

(See Docs. 18, 19.)

Plaintiff states that Defendant

^ Andrew Saul is the current commissioner of the Social Security
Administration

does not oppose the motion, and the time for Defendant to respond
has passed.
Section 406(b)(1) allows for a contingent fee award of up to

twenty-five percent of the total past-due benefits a litigant is
awarded from a judgment in his or her favor.
already recovered fees

An attorney who has

under the EAJA may also

recover

under

Section 406(b)(1) but must refund the lesser award to his or her
client.

See Gisbrecht v. Barnhart, 535 U.S. 789, 795 (2002); Brown

V. Astrue, No. CV 411-152, 2014 WL 4928880, at *1 (S.D. Ga. Sept.

30, 2014.) (citing Gisbrecht).

The fee must be reasonable.

See

42 U.S.C. § 406(b)(1)(A).

Plaintiff s counsel spent approximately forty-three hours on
her case.

(See Doc. 21-6.)

Plaintiff and her attorney agreed to

a contingent fee of twenty-five percent of past-due benefits paid.
(See Doc. 21-4.)

Plaintiffs counsel requests $21,941.50, which

is less than twenty-five percent of Plaintiffs award.

Such an

award would result in an effective hourly rate of around $510.27.
Taking into account counsel's skill, time expended, and the risk
involved with contingent fee arrangements, the Court finds such a
rate reasonable.

See Moore v. Berryhill, No. CV 115-074, 2018 WL

703295, at *2 (S.D. Ga. Jan. 12, 2018) (report and recommendation

that effective hourly fee of $791.18 was reasonable), report and

recommendation adopted by, No. CV 115-074, 2018 WL 702821 (S.D.
Ga, Feb 2, 2018).

Upon the foregoing, Plaintiff's motion for attorney's fees
(Doc. 20) is DENIED AS MOOT, and Plaintiff's amended motion for

attorney's fees (Doc. 21) is GRANTED.

Plaintiff's counsel is

further ORDERED to refund the EAJA award of $8526.58 to Plaintiff.

ORDER ENTERED at Augusta, Georgia this

of October,

2020.

J. RAl^L HALL/" CHIEF JUDGE

UNITi:^STATES DISTRICT COURT
[ERN

DISTRICT OF GEORGIA