Steinfort v. Social Security Administration
Filing
27
OPINION AND ORDER by Judge Frank H. Seay : granting (Dkt No 25 ) Motion for Attorney Fees (neh, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
PATRICIA KAY STEINFORT,
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
Defendant.
No. CIV-13-235-FHS-KEW
OPINION AND ORDER
Plaintiff=s Counsel filed a Motion For Attorney Fees Pursuant
to 42 U.S.C. ' 406(b) (Dkt. No. 25) on April 4, 2016.
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 July 28, 2015, Plaintiff received a fully favorable
decision from the ALJ.
The ALJ found that she had been disabled under
their rules on December 23, 2007.
The Notice of Award found total
back benefits awarded to Plaintiff was $40, 494.90.
1
The Notice of
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)
(AAny 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
Award also indicated 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.
McGraw v. Barnhart, 450 F.3d
493, 496 (10th Cir. 2006).
In such circumstances, the fourteen-day
period
date
running
from
the
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.
Id. at 505.
The McGraw Court noted,
however, that A[a] motion for an award of fees under ' 406(b)(1) should
be filed within a reasonable time of the Commissioner=s decision
awarding benefits.@
Id. The Notice of Award was dated July 28, 2015.
However, the facts reveal Plaintiff’s counsel did not receive a copy
of the Notice of Award until April 4, 2016.
The Plaintiff=s Motion
for Attorney Fees was filed on April 4, 2016. 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 $8,613.23 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% limitation of section
406(b).
Neither the Commissioner nor the Plaintiff have presented
2
any objection to Plaintiff=s counsel=s request for fees in the amount
of $8,613.23.
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 $8,613.23 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)(Athe 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 $8,613.23 and Defendant is directed to pay this fee directly to
counsel, Steve A. Troutman, from the amount of past due benefits
withheld for that purpose.
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 ($4,489.60) previously
awarded under the Equal Access to Justice Act (AEAJA@), 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 27th day of June 2016.
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?