Bostick v. Commissioner of Social Security

Filing 25

ORDER granting 23 Motion for Attorney Fees. Signed by Judge Timothy S. Black on 4/7/2020. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
BECKY BOSTICK,
Plaintiff,
vs.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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Case No. 1:16-cv-849
Judge Timothy S. Black
Magistrate Judge Karen L. Litkovitz

ORDER GRANTING PLAINTIFF’S MOTION
FOR AWARD OF ATTORNEY FEES (Doc. 23)
This is a Social Security disability benefits appeal in which Plaintiff received
Social Security disability benefits after this Court remanded the case for further
proceedings. (Docs. 18, 23-2).
On March 31, 2020, Plaintiff’s counsel filed a motion pursuant to 42 U.S.C.
§ 406(b), seeking attorneys’ fees for services rendered in pursuit of Plaintiff’s past-due
benefits (the “Motion for Attorneys’ Fees”). (Doc. 23). Then, on April 2, 2020, the
Commissioner filed a response stating as follows: the Commissioner “has reviewed
Plaintiff’s counsel’s Motion for Attorneys’ Fees Pursuant to 42 U.S.C. § 406(b) and does
not object to the amount sought therein.” (Doc. 24).
Under 42 U.S.C. § 406(b), an attorney who successfully represents a Social
Security claimant may seek a reasonable fee for such representation, not in excess of 25
percent of the total past-due benefits to which the claimant is entitled. 42 U.S.C.

§ 406(b)(1); see Horenstein v. Sec’y of Health & Human Servs., 35 F.3d 261, 262 (6th
Cir. 1994).
The Court must determine the reasonableness of the fees sought subject to the
statutory 25 percent cap. Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002). Section
406(b) “does not displace contingent-fee agreements”; rather, it “calls for court review of
such arrangements as an independent check, to assure that they yield reasonable results in
particular cases.” Id.
Here, Plaintiff’s counsel seeks $10,000.00 pursuant to a 25 percent contingent-fee
agreement. (Doc. 23, 23-3). $10,000.00 represents far less than 25 percent of the pastdue benefits Plaintiff received through her counsel’s representation. (Doc. 23 at 3; see
Doc. 23-2). Upon review, the Court finds that the fee sought is reasonable in light of the
many hours expended by Plaintiff’s counsel in pursuit of a favorable outcome for her
client. (See Doc. 23-4).
Based upon the foregoing, Plaintiff’s Motion for Attorneys’ Fees (Doc. 23) is
GRANTED, and the Commissioner is DIRECTED to pay Plaintiff’s attorneys’ fees
pursuant to 42 U.S.C. § 406(b) in the amount of $10,000.00.
IT IS SO ORDERED.
Date: 4/7/2020

s/Timothy S. Black

Timothy S. Black
United States District Judge

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