Riffle v. Commissioner of Social Security
Filing
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OPINION AND ORDER: GRANTING 31 Motion for Attorney Fees. Fees AWARDED to the plaintiff's attorney Timothy Burns in the total amount of $13,841.43 to be paid directly to Timothy E Burns; further the court ORDERS Attorney Burns to refund to Mr. Riffle the sum of $5,336.86 which represents the amount of the EAJA fees already paid to Mr. Burns and now credited to Mr. Riffle. Signed by Judge Robert L Miller, Jr on 11/20/14. (jld)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
TERRY L. RIFFLE,
Plaintiff
vs.
CAROLYN COLVIN, Acting
Commissioner of Social Security,
Defendant
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CAUSE NO. 3:12-CV-721 RLM
OPINION AND ORDER
Plaintiff Terry Riffle brought this action for judicial review after the
Commissioner of Social Security denied his application for disability insurance
benefits. The Commissioner’s decision was vacated and the case was remanded
to the Social Security Administration for further proceedings. Mr. Riffle ultimately
prevailed and was awarded approximately $55,365.72 in past-due benefits. Mr.
Riffle’s counsel, Timothy E. Burns, has received $5,336.86 for the services he
provided pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; Mr.
Burns’s motion for authorization of attorney fees under 42 U.S.C. § 406(b)
currently pends before the court.
An attorney who has successfully represents a claimant in federal court can
receive “a reasonable fee for such representation, not in excess of 25 percent of the
total past-due benefits to which the claimant is entitled by reason of such
judgment.” 42 U.S.C. § 406(b)(1)(A); Gisbrecht v. Barnhart, 535 U.S. 789 (2002).
The combination of fees awarded under Sections 406(a) and 406(b) can’t exceed
twenty-five percent of the past-due benefits awarded, Kopulos v. Barnhart, 318
F. Supp. 2d 657, 661 (N.D. Ill. 2004), and while fees can be awarded under both
the EAJA and Section 406(b), “an EAJA award offsets an award under Section
406(b).” Gisbrecht v. Barnhart, 535 U.S. at 796; see also Talbott v. Bowen, 832
F.2d 111, 112 (8th Cir. 1987) (“[I]f the award received under the EAJA . . . is less
than the 25% contingent fee contract based upon back benefits, then claimant’s
counsel may collect from the claimant the difference between the 25% award and
the award under the EAJA.”).
Mr. Burns asks the court to authorize attorney fees in the amount of
$13,841.43, which equals twenty-five percent of the past due benefits recovered
by Mr. Riffle. The amount is within the parameters of Section 406(b) and the
parties’ contingent fee agreement, but the court still must determine whether the
attorney fees yielded by that agreement are reasonable. Gisbrecht v. Barnhart,
535 U.S. at 809.
The government hasn’t objected to Mr. Burns’s request, and the amount
requested equals twenty-five percent of the past-due benefits awarded to Mr.
Riffle. Fees in the amount of $13,841.43 equates to an effective rate of $499.69
per hour (for 27.7 hours) and is reasonable in light of the result achieved in this
case and the contingent nature of the recovery.
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The record of this case also shows that in 2013, after remand to the agency,
the court awarded Mr. Burns fees in the amount of $5,336.86 pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412. Fee awards can be made under
both the EAJA and Section 406(b), but the claimant’s attorney must refund the
amount of the smaller fee. Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). Mr.
Burns has agreed that he will refund the EAJA award of $5,336.86 to Mr. Riffle.
Accordingly, the court GRANTS the motion for authorization of attorney fees
pursuant to 42 U.S.C. § 406(b) [docket #31] and AWARDS fees to plaintiff’s
attorney Timothy Burns in the total amount of $13,841.43, to be paid directly to
Timothy E. Burns of the law firm of Keller & Keller, 2850 N. Meridian Street,
Indianapolis, Indiana, 60208. The court further ORDERS Attorney Burns to
refund to Mr. Riffle the sum of $5,336.86, which represents the amount of EAJA
fees already paid to Mr. Burns and now credited to Mr. Riffle.
SO ORDERED.
ENTERED:
November 20, 2014
/s/ Robert L. Miller, Jr.
Judge, United States District Court
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