NOBLE v. COLVIN

Filing 30

ORDER - 27 Motion for Attorney Fees is denied. See order for details. Signed by Judge Tanya Walton Pratt on 11/8/2017. (MEJ)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
IT S. NOBLE,
JOHN IS FURTHER ORDERED that the application and this Order are sealed until
)
)
otherwise ordered by the Court.
)
Plaintiff,
)
vs.
) CAUSE NO. 1:14-cv-1307-TWP-MJD
IT IS SO ORDERED
)
CAROLYN W. COLVIN,
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Commissioner Social Security,
)
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Defendant. 1/27/2017
)
Date:
ORDER DENYING ATTORNEY ________________________
FEES PURSUANT TO § 206(b)(1)
Hon. Tanya Walton Pratt, Judge
Plaintiff, by counsel, Charles D. Hankey, petitions the CourtDistrict Court fees pursuant to §
United States for attorney
Southern District of Indiana
206(b)(1) of the Social Security Act, 42 U.S.C. § 406(b)(1). In the Petition, counsel seeks a total
fee of $22,136.50, which represents 25% of the Plaintiff's award; pursuant to his contingent-fee
agreement for representation of Plaintiff in federal court. Counsel was previously approved an
attorney fee of $12,065.00 and he seeks an additional $10,071.50. The court is required under §
406(b) to review the fee request for "reasonableness for the services rendered." Gisbrecht v.
Barnhart, 535 U.S. 789, 809 (2002).
The Court declines to award Hankey the additional fee of $10,071.50 because the fee is not
“reasonable for the services rendered.” Hankey seeks $22,136.50 for 19.70 hours of work and 9.40
hours of work by his paralegal. This equates to an “effective rate” of $760.70 per hour. As courts in
the Northern District have held, this type of benefit seemingly constitutes a windfall, as “the
benefits are large in comparison to the amount of time [he] spent on the case.” See Smith v. Astrue,
2009 WL 35223 *3 (N.D. Ind., Jan. 5, 2009); Evans v. Astrue, No. 1:06-CV-00165, 2008 WL
4775505 *3 (N.D. Ind., Oct. 27, 2008); Schimpf v. Astrue, No. 1:06-CV-00018, 2008 WL 4614658
*3 (N.D. Ind., Oct. 16, 2008). In addition, counsel has received EAJA compensation in the amount
of $5,728.57. The Court recognizes the risk of loss in social secuirty disability appeals, however,
awarding additional fees in this case is not reasonable. For these reasons, the Petition is DENIED.
Date: 11/8/2017
Distribution to all electronically
registered counsel of record via
CM/ECF

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana