Edwards v. Social Security Administration
Filing
27
OPINION AND ORDER by Judge Frank H. Seay: granting 25 Motion for Attorney Fees (neh, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
CHRISTIANE R. EDWARDS,
Plaintiff,
v.
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
Defendant.
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No. CIV-13-132-FHS-SPS
OPINION AND ORDER
Plaintiff’s
Counsel
filed
a
Motion
For
Attorney
Fees
Pursuant to 42 U.S.C. § 406(b) (Dkt. No. 25) on August 12, 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 August 9, 2015, Plaintiff received
a fully favorable decision from the ALJ.
The ALJ found that she
had been disabled since June 19, 2009. The Notice of Award found
total back benefits awarded to Plaintiff was $34,730.00.
1
The
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
Notice of Award also indicated that $8,682.50 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
Commissioner’s
be
filed
decision
within
a
reasonable
time
awarding
benefits.”
Id. The Notice of Award was dated August 9, 2015.
The Plaintiff’s Motion for Attorney Fees was filed 3 days after
the receipt of the Notice of Award letter. 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
$8,682.50 for counsel’s representation of Plaintiff before the
Court.
Counsel’s requested fees do not exceed either the amount
contracted for in the parties’ contingency agreement or the 25%
2
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 $8,682.50.
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 $8,682.50 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. 25) is granted in the
amount of $8,682.50.
Pursuant to Weakley v. Bowen, 803 F.2d 575,
580 (10th Cir. 1986), Plaintiff's counsel is directed to refund
to Plaintiff the smaller amount of fees ($4,787.90) previously
awarded under the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
3
§ 2412(d).
This refund is for the full EAJA amount, without any
withholding, offset, or deduction.
It is so ordered this 26th day of August 2015.
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