Chlebowski v. Commissioner Of Social Security Adm.

Filing 33

ORDER that 31 Motion for Attorney's Fees is granted. The Commissioner is ordered to certify the amount of fees of $20,542.00 payable to counsel. Counsel is ordered to refund $3,500.00 of fees awarded under the EAJA to Plaintiff. Signed by Judge Miranda M. Du on 10/5/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KEN R. CHLEBOWSKI,

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Case No. 2:12-cv-00517-MMD-PAL
Petitioner,

ORDER

v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,

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Respondents.

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On March 28 2012, Plaintiff initiated this action to seek judicial review of the

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Social Security Administration’s decision to deny Plaintiff disability benefits. (Dkt. no. 1.)

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On April 22, 2013, Plaintiff moved to remand to the Commissioner of Social Security

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(“Commissioner”). (Dkt. no. 23.) On May 13, 2013, the parties stipulated to remand to

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the Commissioner for further administrative review and for the Administrative Law

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Judge to take certain action with respect to Plaintiff’s disability benefits application.

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(Dkt. no 24.) The Court subsequently granted the parties’ stipulation for an award of

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$3,500.00 in attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C.

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§ 2412(d). (Dkt. no. 28.) Plaintiff’s counsel now moves for attorney’s fees pursuant to 42

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U.S.C. § 406(b). (Dkt. no. 31.) The Court has reviewed the Commissioner’s response.

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(Dkt. no. 32.)

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Section 406(b) provides that the court “may determine and allow as part of its

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judgment a reasonable fee” for counsel’s representation of a claimant, “not in excess of

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25 percent of the total of the past-due benefits to which the claimant is entitled by

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reason of such judgment.” 42 U.S.C. § 406(b). Counsel is requesting total fees of

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$20,542.00, which is 25% of the retroactive benefits awarded to Plaintiff ($82,170.00)

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pursuant to the parties’ contingency fee agreement. (Dkt. no. 31.) The Court finds that

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the amount of fees requested is reasonable in light of “the character of the

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representation and the results achieved.” See Crawford v. Astrue, 586 F.3d 1142, 1151

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(9th Cir. 2009) (quoting Gisbrecht v. Barnhart, 535 U.S. 789, 808 (2002).

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It is therefore ordered that Plaintiff’s counsel’s motion for attorney’s fees (dkt. no.

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31) is granted. The Commissioner is ordered to certify the amount of fees of $20,542.00

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payable to counsel. Counsel is ordered to refund $3,500.00 of fees awarded under the

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EAJA to Plaintiff.

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DATED THIS 5th day of October 2015.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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