Hilstock v. Social Security Administration

Filing 30

OPINION AND ORDER by Judge Frank H. Seay Granting (Dkt No 28 ) Plaintiff's Motion for Attorney Fees (neh, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
EVIE L. HILSTOCK,
Plaintiff,
v.
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
Defendant.

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No. CIV-13-082-FHS-KEW

OPINION AND ORDER
Plaintiff’s

Counsel

filed

a

Motion

For

Attorney

Fees

Pursuant to 42 U.S.C. § 406(b) (Dkt. No. 28) on July 16, 2015.
Judgment was entered in favor of Plaintiff on September 25, 2014,
remanding this action back to the Commissioner under sentence
four of 42 U.S.C. § 405(g).

On remand, the Commissioner issued a

April 24, 2015, award decision finding in favor of Plaintiff and
determining that Plaintiff became disabled on September 2011.
The award decision also found she was entitled to disability

1

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.”)
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benefits beginning October 2011.

Total back benefits awarded to

Plaintiff was $31,235.00.
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.

McGraw v.

2006).

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

Commissioner’s

be

filed

decision

within

a

reasonable

time

awarding

benefits.”

Id. 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
$7,808.75

for

counsel’s

judicial level.

representation

of

Plaintiff

at

the

Counsel’s requested fees do not exceed either

the amount 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
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Plaintiff’s

counsel’s

$7,808.75.
the

request

for

fees

in

the

amount

of

The Commissioner has filed an informative response on

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 $7,808.75
is reasonable under the facts and circumstances of this case
given

the

nature

results achieved.

and

quality

of

the

representation

and

the

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. 28) is granted in the
amount of $7,808.75.
It is so ordered this 4th day of November, 2015

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