Feken-Criss v. Commissioner Social Security

Filing 39

OPINION AND ORDER. Plaintiff's motion for attorneys' fees (#29) is granted in the amount of $18,719.50. IT IS SO ORDERED. Signed on 03/12/2013 by Judge James A. Redden. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTI_ZICT OF OREGON

CAROL ANN FEKEN-CRISS,

3:11-CV- 00740 RE

OPINION AND ORDER

Plaintiff,

v.

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

REDDEN, Judge:
Plaintiffs counsel seeks attomey fees of$19,227.00 pursuant to 42 U.S.C. § 406(b) (#
29). The government does not contest the motion but questions the amount.

Discussion
Attomey fees may be paid from past-due benefits awarded to a successful Social Security
claimant. 42 U.S. C.§ 406(b); Gisbrecht v. Barnhart, 535 U.S. 789, 795 (2002). Past-due

1 - OPINION AND ORDER

benefits are the total amount of benefits payable under Title II of the Social Security Act to all
beneficiaries that have accumulated because of a favorable administrative or judicial
dete1mination or decision, up to but not including the month the determination or decision is
made. 20 C.F.R.§ 404.1703 (2012). An attomey may receive up to 25 percent of past-due
benefits. The District Comi determines the reasonableness of an attomey fee request under §
406(b) as "an independent check" to assure that contingency fee agreements between Social
Security cliamants and their attomeys will "yield reasonable results in particular cases."

Gisbrecht, 535 U.S. at 807. The Commissioner has no direct financial stake in the 406(b)
question; instead, she "plays a pmi in the fee determination resembling that of a trustee for the
claimants." Gisbrecht, 535 U.S. at 798 n.6.
Plaintiffs attorney seeks fees of$19,227.00. The Commissioner points out that she has
recalculated plaintiffs benefits and the amount withheld for attorneys' fees. The Commissioner
rightly calculates that 25 percent of plaintiffs past-due benefits is $18,719.50.

Conclusion
Plaintiffs motion for attorneys' fees ( # 29) is granted in the amount of$18,719.50.
IT IS SO ORDERED.
Dated this ( /.-. day of March, 2013.

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