Stubblefield v. Social Security Administration

Filing 28

OPINION AND ORDER by Judge Frank H. Seay granting 26 Motion for Attorney Fees in the amount of $11,752.78. (adw, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DONNA KAY STUBBLEFIELD,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
Defendant.

No. CIV-13-48-FHS-KEW

OPINION AND ORDER
Plaintiff’s

Counsel

filed

a

Motion

For

Attorney

Fees

Pursuant to 42 U.S.C. § 406(b) (Dkt. No. 26) on January 20, 2015.
Judgment was entered in favor of Plaintiff on March 28, 2014,
remanding this action back to the Commissioner under sentence
four of 42 U.S.C. § 405(g).

On remand, the Commissioner issued a

January 10, 2015, award decision finding in favor of Plaintiff
and determining that Plaintiff became disabled on August 12,
2011.

The

award

decision

also

found

she

disability benefits beginning in January 2012.
1

was

entitled

to

The total back

The Court has been informed by Defendant that on February
14, 2013, Carolyn W. Colvin became the Acting Commissioner of
Social Security. Pursuant to Rule 25 (d) of the Federal Rules of
Civil Procedure, Carolyn W. Colvin is automatically substituted
for Michael J. Astrue as the defendant in this action. Thus,
this suit will proceed with this substitution in effect. See 42
U.S.C. Sec. 405 (g) (“Any action instituted in accordance with
this subsection shall survive notwithstanding any change in the
person occupying the office of Commissioner of Social Security or
any vacancy in such office.”)
1

benefits awarded to Plaintiff was $50,129.90.
2015, the

Social

Security Administration

On January 10,

notified

Plaintiff’s

counsel that $6,000.00 had been withheld by the agency for the
payment of attorney’s fees.
Attorney fees are awardable under 42 U.S.C. § 406(b)(1)
when a social security claimant is awarded disability benefits
following a remand from a federal district court.
Barnhart,

450

F.3d

493,

(10th

496

Cir.

2006).

McGraw v.
In

such

circumstances, the fourteen-day period running from the date of
judgment under Fed.R.Civ.P. 54(d)(2)(B)(i) will have expired and
claimants, through counsel, rely on Rule 60(b)(6) to seek such
fees well after the expiration of the fourteen-day period.
at 505.
award

Id.

The McGraw Court noted, however, that “[a] motion for an

of

fees

under
of

§

406(b)(1)

the

should

be

Commissioner’s

filed

decision

within

a

reasonable

time

awarding

benefits.”

Id. The Plaintiff’s Motion for attorney fees was

filed 10 days after the Notice of Award was issued. The Court
finds the Plaintiff’s Motion is timely filed.
Plaintiff’s

counsel

has

moved

the

Court

to

approve

an

attorney fee award under 42 U.S.C. § 406(b)(1) in the amount of
$11,752.78 for counsel’s representation of Plaintiff before the
Court.

Counsel’s requested fees do not exceed either the amount
2

contracted for in the parties’ contingency agreement or the 25%
limitation of section 406(b).

Neither the Commissioner nor the

Plaintiff have presented any objection to Plaintiff’s counsel’s
request for fees in the amount of $11,752.78.

The Commissioner

has filed an informative response on the various points of law to
be considered, but does not challenge the reasonableness of the
requested fee. The Court has conducted an independent review of
the

record,

including

the

contingency-fee

contract

between

counsel and Plaintiff, and counsel’s documented time records, and
concludes

counsel’s

motion

is

timely

and

that

the

requested

attorney fee amount of $11,752.78 is reasonable under the facts
and circumstances of this case given the nature and quality of
the representation and the results achieved.

See Gisbrecht v.

Barnhart, 535 U.S. 789, 807-809 (2002); see also Wren v. Astrue,
525 F.3d 931, 937 (10th Cir. 2008)(“the 25% limitation of fees
for court representation found in § 406(b) is not itself limited
by the amount of fees awarded by the Commissioner”).
Consequently, Plaintiff’s counsel’s Motion For Attorney Fees
Pursuant to 42 U.S.C. § 406(b) (Dkt. No. 26) is granted in the
amount of $11,752.78.

Pursuant to Weakley v. Bowen, 803 F.2d

575, 580 (10th Cir. 1986), Plaintiff's counsel is directed to
refund

to

Plaintiff

the

smaller

3

amount

of

fees

($5,220.30)

previously

awarded

under

the

(“EAJA”), 28 U.S.C. § 2412(d).
amount, without any

Equal

Access

to

Justice

Act

This refund is for the full EAJA

withholding, offset, or deduction.

It is so ordered this 27th day of January, 2015.

4