Dutraferea v. Berryhill

Filing 37

ORDER granting 32 Motion for Attorney Fees and 35 Motion for Attorney Fees. The Court also DENIES as moot 31 Motion to Extend Time. Signed by Judge Richard F. Boulware, II on 6/2/2021. (Copies have been distributed pursuant to the NEF - DRS)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

JEANNIE DUTRAFEREA,

8

Plaintiff,

9
10
11

ANDREW SAUL,
Commissioner of Social Security,
Defendants.
Before the Court is Plaintiff Jeannie Dutraferea’s Motion for Attorney Fees Under the

13
15
16

Equal Access to Justice Act (“EAJA”) and Motion for Attorney Fees Pursuant to 42 U.S.C. §
406(b). ECF Nos. 32, 35.
I.

19
20

social security benefits. ECF No. 20. On February 15, 2018, the Court found in favor of Plaintiff
Dutraferea and ordered the matter to be remanded to the Administration for award and calculation
of benefits. ECF No. 27.
Plaintiff Dutraferea now moves for attorney fees under 28 U.S.C. § 2412—the EAJA—

21
22
23
24
25
26
27
28

BACKGROUND
Plaintiff Dutraferea challenged Defendant’s final decision denying her application for

17
18

ORDER

v.

12
14

Case No. 2:17-cv-01729-RFB-BNW

and under 42 U.S.C. § 406(b) of the Social Security Act. ECF Nos. 32,35. Specifically, Plaintiff
Dutraferea seeks $5,080.72 under the EAJA and $14,161.00 under 42 U.S.C. § 406(b) for attorney
in fees and expenses payable to Plaintiff. The Commissioner does not oppose either motion for
attorney fees.
II.

DISCUSSION
The EAJA provides that a prevailing party other than the United States should be awarded

attorney's fees and other expenses that party incurs in any civil action by or against the United

1

States “unless the court finds that the position of the United States was substantially justified or

2

that special circumstances make an award unjust.” 28 U.S.C. § 2412(d)(1)(A). A district court's

3

award of EAJA attorney fees must be reasonable. Sorenson v. Mink, 239 F.3d 1140, 1145 (9th

4

Cir.2001). In assessing reasonableness, courts examine the number of hours reasonably expended

5

on the case, the reasonable hourly rate, and the level of success achieved by the plaintiff. Id. at

6

1145, 1147 (citing Hensley v. Eckerhart, 461 U.S. 424, 433, 435 (1983)).

7

The Court finds that the requested fees under the EAJA are reasonable. This matter consists

8

of a 598-page record, which analyzes medical impairments, medical assessments, and decisions of

9

law by administrative law judges and the Commissioner. The Court therefore awards the requested

10

$5,080.72 requested under the EAJA.

11

Plaintiff Dutraferea’s counsel seeks attorney fees under 42 U.S.C. § 406(b) based on the

12

contingency-fee agreement between Plaintiff Dutraferea and her counsel. Counsel requests

13

$14,161.00, which is 16% of the past-due benefits awarded as a result of Dutraferea’s successful

14

challenge to the Commissioner’s decision. Under § 406(b), the Court may award a fee of up to

15

25% of the past-due benefits awarded. 42 U.S.C. § 406(a)(2)(A)(ii)(I). The fee must be reasonable.

16

Crawford v. Astrue, 586 F.3d 1142 (9th Cir. 2009); see also Gisbrecht v. Barnhart, 535 U.S. 789

17

(2002). The Court finds the contingency fee reasonable under Gisbrecht based on the contingency

18

nature of the representation, the time spent on the matter, and the result obtained by counsel.

19

/

20

/

21

/

22

/

23

/

24

/

25

/

26

/

27

/

28

/

-2-

1

III.

CONCLUSION

2

IT IS ORDERED that is Plaintiff Jeannie Dutraferea’s Motion for Attorney Fees Under

3

the Equal Access to Justice Act (“EAJA”) (ECF No. 32) is GRANTED. The Court awards

4

$5,080.72 in attorney fees and costs under the EAJA to Plaintiff Dutraferea, which shall be made

5

payable to her.

6

IT IS FURTHER ORDERED that Plaintiff Jeannie Dutraferea’s Motion for Attorney

7

Fees Pursuant to 42 U.S.C. § 406(b) (ECF No. 35) is GRANTED. The Court awards $14,161.00

8

in attorney fees and costs pursuant to 42 U.S.C. § 406(b) . The fees shall be made payable to

9

Plaintiff Dutraferea.

10
11

IT IS FURTHER ORDERED that Plaintiff’s Motion to Extend Time (ECF No. 31) is
DENIED as moot.

12
13

DATED June 2, 2021.

14

__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-