Garcia v. Commissioner of Social Security

Filing 23

OPINION AND ORDER granting 20 Motion for Attorney Fees; The Motion for Allowance of Attorney Fees, ECF No. 20, is GRANTED. The Court AWARDS plaintiff's counsel an attorney fee of $ 10,697.48 or twenty-five percent (25%) of the past due benefits, whichever is less.Plaintiffs counsel is ORDERED to return to the Plaintiff the fee awarded under the EAJA promptly upon receipt of the fee awarded under 42 U.S.C. § 406(b). Signed by Magistrate Judge Norah McCann King on 3/11/24. (sh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
LEAH GARCIA,
Plaintiff,

Case No. 3:20-cv-0236
Magistrate Judge Norah McCann King

v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

OPINION AND ORDER
This matter is before the Court on the motion for an attorney fee under 42 U.S.C. §
406(b) in the amount of $10,697.48. Motion for Allowance of Attorney Fees, ECF No. 20. It is
represented that the Commissioner neither consents to nor opposes the motion. Id. at PageID#
1463.
Following this Court’s remand of the matter, the Commissioner awarded benefits to
plaintiff, Notice of Award, ECF No. 20. Exhibit B, and withheld $ 30,697.48 from Plaintiff’s past
due benefits for payment to her counsel. Id., at PageID# 1473-74. Plaintiff’s counsel itemized
22.40 hours of work on Plaintiff’s behalf before this Court, Fee Application, ECF No. 20,
Exhibit C, PageID# 1507-09, which amounts to $477.57 per hour of work. However, counsel
also itemized a total of $ 3,444.70 in expenses and advances, id., at PageID# 1510, which
compares to the previous attorney fee award of $3,200.00 under the Equal Access to Justice Act,
28 U.S.C. § 2412 (“EAJA”). Order, ECF No. 18. Plaintiff and her counsel agreed to an attorney
fee of “25% of the back-benefits awarded or a minimum $3000.00, whichever is greater. . . .”.
Agreement, ECF No. 20, Exhibit A.
By statute, a court must award "a reasonable fee . . . not in excess of 25 per cent of the
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total past-due benefits." 42 U.S.C. § 406(b). A fee award should reflect the purpose of the social
security program to provide a measure of economic security to the recipient, the extent and type
of legal services provided, the complexity of the case, the level of skill and competence required
of the attorney, the amount of time spent on the case, the results achieved, and the level at which
the favorable decision was made. 20 C.F.R. §§ 404.925(b); 416.1525(b). A fee agreement
between a recipient and her counsel “should be given the weight ordinarily accorded a rebuttable
presumption.” Rodriguez v. Bowen, 865 F.2d 739, 746 (6th Cir. 1989). Deductions are
permissible when there is improper conduct or ineffectiveness of counsel or when counsel would
otherwise enjoy a windfall because of either an inordinately large benefit award or minimal
effort expended in the matter. Hayes v. Sec’y of Health & Human Servs., 923 F.2d 418, 421 (6th
Cir. 1990). “[A] hypothetical hourly rate that is less than twice the standard rate is per se
reasonable.” Id. at 422. In the final analysis, an award must be “reasonable for the services
rendered.” Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002).
Upon consideration of all the appropriate factors, and in light of the Commissioner’s
determination not to oppose the motion, the Court concludes that the requested fee is reasonable.
It is far less than 25% of the past due benefits, plaintiff signed a fee agreement consistent with
the requested fee, the requested fee does not reflect a rate of compensation more than twice the
standard rate, and it cannot be said that plaintiff’s counsel was ineffective or expended minimal
effort in the case. The Court therefore determines that $ 10,697.48 is a reasonable fee.
The Motion for Allowance of Attorney Fees, ECF No. 20, is GRANTED. The Court
AWARDS plaintiff's counsel an attorney fee of $ 10,697.48 or twenty-five percent (25%) of the
past due benefits, whichever is less.
Plaintiff’s counsel is ORDERED to return to the Plaintiff the fee awarded under the
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EAJA promptly upon receipt of the fee awarded under 42 U.S.C. § 406(b).
IT IS SO ORDERED.

Date: March 8, 2024

s/Norah McCann King
NORAH McCANN KING
UNITED STATES MAGISTRATE JUDGE

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