Sherlin v. Colvin

Filing 16

ORDER denying without prejudice to refile with appropriate documentation 15 Motion for Attorney Fees. Signed by District Judge Richard Voorhees on 06/02/16. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:14-CV-00207-RLV
RUTH SHERLIN,
Plaintiff,
v.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s Motion for Attorneys’ Fees,
brought pursuant to 42 U.S.C. § 406(b) (hereinafter, the “Motion”). [Doc. No. 15]. After
considering the Plaintiff’s submissions, relevant law, and all matters of record, the Court hereby
DENIES the Motion.
Plaintiff’s counsel seeks an award of attorney fees under Section 406(b) of the Social
Security Act, which provides, in relevant part, that a “court may determine and allow as part of its
judgment a reasonable fee . . . not in excess of 25 percent of the total of the past due benefits to
which claimant is entitled by reason of such judgment.” 42 U.S.C. § 406(b).
Case law provides that a court should review contingent fee agreements, such as the one
here, for reasonableness. See Griffin v. Astrue, 2012 U.S. Dist. LEXIS 107911, 2012 WL 3155578
at *2 (W.D.N.C. Aug. 2, 2012) (citing Gisbrecht v. Barnhart, 535 U.S. 789 (2002); Mudd v.
Barnhart, 418 F.3d 424 (4th Cir. 2005)); see also McKinney v. Colvin, 2016 U.S. Dist. LEXIS
62905 (W.D.N.C. May 12, 2016). The Fourth Circuit has directed that district courts should
consider the complexity of the case, the lawyering skills necessary to handle it effectively, the risks

-1-

involved, and the significance of the result achieved in district court when analyzing whether a
contingency fee arrangement is reasonable. See Mudd, 418 F.3d at 428.
Plaintiff's counsel now seeks an award of $10,000.00 in attorney’s fees. [Doc. No. 15] at
p. 2. While Plaintiff has filed a copy of the contingency fee agreement (see Doc. No. 12-2), Plaintiff
has failed to file the following: an affidavit supporting counsel’s time spent on this case (both
before and after remand); an affidavit authenticating the fee agreement; or any statement about the
complexity of the case or the lawyering skills necessary to handle it.
Accordingly, the Motion is hereby DENIED without prejudice to refile with appropriate
documentation.
SO ORDERED.
Signed: June 2, 2016

-2-