Johnson v. Commissioner of Social Security

Filing 20

ORDER: the Court hereby GRANTS the Motion for an Award of Attorney Fees Under 42 U.S.C. § 406(b) 17 and AWARDS attorney fees under 42 U.S.C. § 406(b) in the amount of $29,636.42. The Court ORDERS the Plaintiffs attorney to refund to the Plaintiff the $16,772.00 in EAJA fees previously awarded in this case.Signed by Judge Theresa L Springmann on 6/4/2024. (rs)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION AT LAFAYETTE
NICOLE JOHNSON,
Plaintiff,
v.

CAUSE NO.: 4:21-CV-65-TLS

MARTIN J. O’MALLEY, Commissioner of
the Social Security Administration,
Defendant.
OPINION AND ORDER
This matter is before the Court on a Motion for an Award of Attorney Fees Under 42
U.S.C. § 406(b) [ECF No. 17], filed on March 20, 2024. The Commissioner does not object to
the motion. ECF No. 18. The case was reassigned to the undersigned on May 31, 2024. ECF No.
19. For the reasons stated below, the motion is GRANTED.
BACKGROUND
On May 31, 2016, the Plaintiff filed an application for disability insurance benefits,
alleging disability beginning on January 15, 2015. AR 80–81, ECF No. 7. The Plaintiff
challenged the denial of benefits in federal court, and the Court reversed and remanded for
further proceedings. Johnson v. Saul, 4:19-cv-95 (Nov. 30, 2020). Equal Access to Justice Act
(EAJA) fees were awarded in the amount of $7,000.00. Id. (Feb. 4, 2021). A second hearing was
held on July 13, 2021, resulting in an unfavorable decision. AR 734–46. The Plaintiff filed a
Complaint in this case, and the Court again reversed and remanded for further proceedings. ECF
No. 12. On January 17, 2023, the Court awarded the Plaintiff’s attorney EAJA fees in the amount
of $9,772.00. ECF No. 16. Ultimately, the Social Security Administration awarded the Plaintiff

past-due benefits, twenty-five percent of which is $29,636.42. See Notice of Award 3, ECF No.
17-5.
In the instant motion, the Plaintiff’s attorney requests an award of attorney fees under 42
U.S.C. § 406(b) in the amount of $29,636.42. Pl. Mot. 2, ECF No. 17. In the retainer agreement,
the Plaintiff agreed to pay his attorney twenty-five percent of all past-due benefits. See Fee
Agreement, ECF No. 17-1. Counsel represents that, if fees are awarded under § 406(b), he will
refund to the Plaintiff the $16,772.00 in EAJA fees previously awarded. See Pl. Mot. ¶ 9.
ANALYSIS
The Plaintiff’s counsel, subject to refunding $16,772.00 in EAJA fees, requests
$29,636.42 in attorney’s fees pursuant to 42 U.S.C § 406(b). The Social Security Act allows for
a reasonable fee to be awarded both for representation at the administrative level, see 42 U.S.C.
§ 406(a), as well as representation before the Court, see 42 U.S.C § 406(b). Culbertson v.
Berryhill, 139 S. Ct. 517, 520 (2019) (quoting Gisbrecht v. Barnhart, 535 U.S. 789, 794 (2002)).
Under § 406(b), the Court may award a reasonable fee to the attorney who has successfully
represented the claimant in federal court, not to exceed twenty-five percent of the past-due
benefits to which the social security claimant is entitled. 42 U.S.C. § 406(b)(1)(A); Gisbrecht,
535 U.S. at 792. The reasonableness analysis considers the “character of the representation and
the results the representative achieved.” Gisbrecht, 535 U.S. at 808. Reasons to reduce an award
include an attorney’s unjustifiable delay or if the past-due benefits are large in comparison to the
amount of time an attorney has spent on a case. Id. In addition, an award of EAJA fees under 28
U.S.C. § 2412 offsets an award under § 406(b). Id. at 796.
In this case, the requested amount in attorney’s fees is consistent with the contingency
agreement, and counsel will refund the $16,772.00 in EAJA fees to the Plaintiff. Counsel
represents that 81.8 attorney hours were spent in federal court on this case, resulting in an
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effective hourly rate of $362.30. See Pl. Mot. ¶ 14. This hourly rate is reasonable given the
contingent nature of this case, the favorable past-due benefit award, and the benefit the Plaintiff
will receive in future payments. See Long v. Saul, No. 3:19-CV-155, 2021 WL 2588110, at *1
(N.D. Ind. June 24, 2021) (noting that an hourly rate of $1,711.96 is within the range of rates
approved by courts); Niebuhr v. Saul, No. 18-CV-720, 2020 WL 6484488, at *1 (W.D. Wis.
Nov. 4, 2020) (effective hourly rate of $579); Koester v. Astrue, 482 F. Supp. 2d 1078, 1083
(E.D. Wis. 2007) (collecting cases showing that district courts have awarded attorney’s fees with
hourly rates ranging from $400 to $1,500).
CONCLUSION
For the reasons stated above, the Court hereby GRANTS the Motion for an Award of
Attorney Fees Under 42 U.S.C. § 406(b) [ECF No. 17] and AWARDS attorney fees under 42
U.S.C. § 406(b) in the amount of $29,636.42. The Court ORDERS the Plaintiff’s attorney to
refund to the Plaintiff the $16,772.00 in EAJA fees previously awarded in this case.
SO ORDERED on June 4, 2024.
s/ Theresa L. Springmann
JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT

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