Bryant v. Commissioner of Social Security

Filing 37

ORDER granting 33 Motion for Attorney Fees. Signed by Magistrate Judge Clifford J. Proud on 1/19/2016. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
THOMAS J. BRYANT,

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Plaintiff,
vs.
CAROLYN W. COLVIN,
Acting Commissioner of Social
Security,
Defendant.

Civil No. 13-cv-309-CJP

ORDER
PROUD, Magistrate Judge:
This matter is before the Court on counsel’s Motion for Approval of
Attorney’s Fees Pursuant to 42 U.S.C. §406(b). (Doc. 33).

Defendant filed a

response at Doc. 36 indicating she has no objection.
After this Court reversed and remanded pursuant to sentence four of 42
U.S.C. §405(g), the Commissioner granted plaintiff’s application for benefits. The
fee agreement between plaintiff and his attorney provided for a fee of 25% of
plaintiff’s past-due benefits. The Commissioner approved and withheld 25% of
the past due amount pending court approval of the fee. See, Doc. 33, Ex. 1 - 6.
That amount is well in excess of $10,000.00. However, because another attorney
will be seeking an award of fees for representing plaintiff at the administrative
level, plaintiff’s counsel here seeks an award of $10,000.00.
42 U.S.C. §406(b)(1)(A) provides that the Court may allow a “reasonable
fee,” not in excess of 25% of the total of the past-due benefits. However, if the
Court approves such a fee, “no other fee may be payable or certified for payment
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for such representation except as provided in this paragraph.” Ibid. In practical
terms, as plaintiff’s counsel recognizes, this means that, in the event of an award
under §406(b)(1), counsel must refund any amount previously awarded under the
Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(B).

Counsel represents that

he will refund to plaintiff the EAJA fee ($6,000.00) that was previously awarded.
See, Doc. 33, pp. 2.
The Supreme Court has held that § 406(b)(1) controls, but does not
displace, contingent fee agreement in social security cases:
Most plausibly read, we conclude, § 406(b) does not displace contingent-fee
agreements as the primary means by which fees are set for successfully
representing Social Security benefits claimants in court. Rather, § 406(b)
calls for court review of such arrangements as an independent check, to
assure that they yield reasonable results in particular cases.
Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002).
Having reviewed the circumstances presented here, including the time and
effort expended by counsel, the excellent result received by plaintiff, the amount of
the past-due benefits and the value of the projected benefits over plaintiff’s
expected life span, the Court concludes that $10,000.00 is a reasonable fee here.
The Court notes that the Commissioner has filed a response indicating that she
does not oppose counsel’s request. While the Commissioner has no direct stake
in the §406(b)(1) fee request, she “plays a part in the fee determination
resembling that of a trustee for the claimants.” Gisbrecht, 535 U.S. at 798, n. 6.
Wherefore, counsel’s Motion for Attorney Fees Pursuant to 42 U.S.C.
§406(b)(1) (Doc. 33) is GRANTED.

The Court awards counsel a fee of

$10,000.00.

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Counsel shall refund to plaintiff the amount previously awarded under the
EAJA, $6,000.00.
IT IS SO ORDERED.
DATED: January 19, 2016.

s/Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

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