Quirk v. Astrue

Filing 26

ORDER granting 25 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 7/29/2015. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MARY JANE QUIRK,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of the Social
Security Administration,
Defendant.

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Case No. CIV-13-57-D

ORDER
This matter comes before the Court for consideration of the Motion for Attorney Fees
Under 42 U.S.C. § 406(b) [Doc. No. 25]. Plaintiff’s attorneys ask the Court to approve a fee
award in the amount of $12,000.00. The Acting Commissioner has not made a timely
response to the Motion. Under controlling law, however, the Court is required to undertake
an independent review and determine the reasonableness of counsel’s fee request.
Upon consideration of the Motion in light of Gisbrecht v. Barnhart, 535 U.S. 789
(2002), and Wrenn v. Astrue, 525 F.3d 931 (10th Cir. 2008), the Court finds that Plaintiff’s
attorneys may recover a reasonable fee for the representation of Plaintiff in this case up to
the statutory limit of 25% of past-due benefits, provided the attorneys refund the amount of
$3,535.60 previously awarded under the Equal Access to Justice Act (EAJA). See Order
Awarding Attorney Fees [Doc. No. 22]. The supporting documents with the Motion, as well
as the case record, reveal a total of 24.1 hours of legal services performed for Plaintiff’s
representation in this case (14.6 attorney hours and 9.5 paralegal or intern hours), which

resulted in a favorable judicial decision. See Agreed Judgment and Order of Remand [Doc.
No. 18]. After remand, Plaintiff was determined to be entitled to benefits and was awarded
a past-due amount of $143,132.90. The Motion has been timely filed with the time period
previously determined by the Court to be reasonable. See Order of June 26, 2015 [Doc.
No. 24].
Under the circumstances presented, the Court finds that the requested amount of
$12,000.00 represents a reasonable fee for the work done in this case in view of the nature
of the representation and the results achieved. This amount is far less than 25% of Plaintiff’s
award of past-due benefits obtained by reason of the judgment entered September 19, 2013.
The Court therefore finds that the Motion of Plaintiff’s attorneys should be granted.
IT IS THEREFORE ORDERED that the Motion for Attorney Fees Under 42 U.S.C.
§ 406(b) [Doc. No. 25] is hereby GRANTED. The Court approves an award of attorney fees
under 42 U.S.C. § 406(b) to the signatory to Plaintiff’s fee agreement, Steve A. Troutman
of Troutman & Troutman, P.C., in the amount of $12,00.00. Plaintiff’s attorneys shall
promptly refund to Plaintiff Mary Jane Quirk the amount of EAJA fees previously awarded
of $3,535.60.
IT IS SO ORDERED this 29th day of July, 2015.

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