Fowler v. Colvin

Filing 50

ORDER GRANTING WITH MODIFICATIONS 48 Plaintiff's Motion for Attorney Fees: The plaintiff's request for attorney's fees has been granted, but the award has been reduced to $16,006.94. Counsel shall reimburse to the plaintiff the $6,006.94 EAJA award. Signed by US District Judge Terrence W. Boyle on 2/6/2015. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:13-CV-163-BO
TIMOTHY FRANKLIN FOWLER,
Plaintiff,
v.

CAROLYNW. COLVIN,
Acting Commissioner ofSocial Security,
Defendant.

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ORDER

Plaintiffs counsel has moved for attorney's fees and costs pursuant to 42 U.S.C. § 406(b)
[DE 48]. For the reasons stated herein, counsel's motion is GRANTED but the total fee awarded
is REDUCED.
DISCUSSION
Plaintiffs counsel seeks fees pursuant to 42 U.S.C. § 406(b).

Section 406(b)(l) allows

the Court to award a "reasonable fee" of up to twenty-five percent of the past due benefits paid to
the plaintiff. This Court reviews the requested fee for reasonableness, and may reduce the fee if,
for example, the attorney is responsible for a delay in the proceedings or the award would
amount to a windfall to counsel. Gisbrecht v. Barnhart, 535 U.S. 789, 808-09 (2002).
Plaintiff received $108,792 in past-due benefits and, in his second amended
motion for attorney's fees, counsel requests $21,198.88 in fees.
I represents

[DE 48].

Counsel

that he spent thirty-one hours and forty minutes working on plaintiffs case in

this Court. Counsel has also presented a contingency fee agreement signed by plaintiff
stating that counsel would receive twenty-five percent of any past-due award received by
plaintiff. Counsel has been awarded $6,006.94 in fees under the Equal Access to Justice
Act (EAJA).

While the contingency fee agreement is afforded significant weight, the Court
must still consider whether the amount provided for is reasonable.

This was a

straightforward social security claim, and the past-due benefits are large when compared
to the amount of time counsel spent on this case. Gisbrecht, 535 U.S. at 808. In light of
the foregoing, the Court finds that an award of the full twenty-five percent of the past due
award would be unreasonable and would amount to a windfall in this instance. The Court
finds that under the circumstances of this case an award of $16,006.94 in fees is
appropriate.
CONCLUSION
For the foregoing reasons, plaintiffs motion for attorney's fees pursuant to
§406(b)(l) is GRANTED, but the award is reduced to $16,006.94. Counsel shall
reimburse to plaintiff the $6,006.94 EAJA award as it is the lesser of the two awards.

SO ORDERED.
This -tf_ day of February, 2015.

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