Haiss v. Berryhill

Filing 42

ORDER AWARDING ATTORNEY'S FEES granting 38 Motion for Attorney Fees. Accordingly, the motion for attorney's fees is GRANTED, and the Court awardsplaintiff's counsel a reasonable attorney's fee in the amount of $22,218. Th e Social Security Administration is directed to pay that amount to Christopher J. Bowes, Esq., out of plaintiff's past-due Social Security benefits award. Because plaintiff is entitled to a credit of attorney's fees previously awarded p ursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A), plaintiff's counsel is directed to remit to plaintiff whatever amount of EAJA fees counsel receives. The Clerk is instructed to terminate the motion. (Doc. #38). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 7/15/2020) (mml)

Case 7:17-cv-08083-VB-LMS Document 42 Filed 07/15/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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BRYAN HAISS,
:
Plaintiff,
:
:
v.
:
:
COMMISSIONER OF SOCIAL SECURITY,
:
Defendant.
:
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ORDER AWARDING
ATTORNEY’S FEES
17 CV 8083 (VB)

Before the Court is plaintiff’s counsel’s motion for attorney’s fees pursuant to 42 U.S.C.
§ 406(b)(1)(A). (Doc. #38). Counsel requests an award of $22,218, representing 25% of the
total of past-due benefits to which plaintiff was found to be entitled.
On October 5, 2017, plaintiff retained Christopher J. Bowes, Esq., to represent him in this
matter. Plaintiff and counsel entered into a retainer agreement, whereby plaintiff agreed to pay
an attorney’s fee, contingent upon success of the representation, equal to 25% of the past-due
benefits that would be obtained as a result of the representation. After counsel litigated the case
before this Court and on remand before the Social Security Administration (“SSA”), the SSA
determined that the amount of past-due benefits to which plaintiff was entitled was $88,872, of
which 25% is $22,218. Counsel is seeking a fee award in that amount. His time records show he
spent 42.9 hours working on the case, which means that if awarded the amount requested,
counsel’s effective hourly rate would be $517.90.
Section 406(b)(1)(A) provides that the Court may allow a reasonable attorney’s fee for
services performed not to exceed 25% of the total past-due benefits awarded, payable out of that
award. See Gisbrecht v. Barnhart, 535 U.S. 789 (2002). Here, the fee request does not exceed
the 25% ceiling set by statute. Moreover, the request is reasonable, for the following reasons: (i)
there is no reason to question the terms of the retainer agreement itself; (ii) notwithstanding the
risk of non-payment, counsel provided quality legal services to plaintiff resulting in an award of
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Case 7:17-cv-08083-VB-LMS Document 42 Filed 07/15/20 Page 2 of 2

the full amount of past-due benefits sought; (iii) the number of hours worked on the matter
reflects an efficient expenditure of counsel’s time and effort; (iv) plaintiff’s counsel has
extensive experience litigating Social Security cases at the administrative level and in district
court; and (v) the resultant hourly rate is consistent with hourly rates in matters of this kind
approved by courts in this Circuit. Moreover, given the amount of time spent on the case, an
attorney’s fee of $22,218 is hardly a windfall.
Accordingly, the motion for attorney’s fees is GRANTED, and the Court awards
plaintiff’s counsel a reasonable attorney’s fee in the amount of $22,218. The Social Security
Administration is directed to pay that amount to Christopher J. Bowes, Esq., out of plaintiff’s
past-due Social Security benefits award. Because plaintiff is entitled to a credit of attorney’s fees
previously awarded pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §
2412(d)(1)(A), plaintiff’s counsel is directed to remit to plaintiff whatever amount of EAJA fees
counsel receives.
The Clerk is instructed to terminate the motion. (Doc. #38).
Dated: July 15, 2020
White Plains, NY

SO ORDERED:

____________________________
Vincent L. Briccetti
United States District Judge

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