Helms v. Commissioner of the Social Security Administration

Filing 28

ORDER granting 25 Motion for Attorney Fees per Rule 406b, awarding awarded $20,078.76 in attorney's fees. Signed by Honorable Timothy M. Cain on 12/13/2016.(bshr, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
David Helms,

)
)
Plaintiff, )
)
v.
)
)
Carolyn W. Colvin,
)
Acting Commissioner of Social Security,
)
)
Defendant. )

C/A No. 5:15-cv-668-TMC

ORDER

This matter is before the court on Plaintiff’s motion for attorney's fees pursuant to the Social
Security Act, 42 U.S.C. § 406(b). (ECF No. 25). Plaintiff seeks an award of attorney's fees in the
amount of $20,078.76. Id. The Commissioner has filed a response informing the court that she
does not object to Plaintiff’s motion for fees. (ECF No. 26).
Pursuant to Gisbrecht v. Barnhart, 535 U.S. 789, 808 (2002), in reviewing a request for
attorney’s fees under § 406(b), a court must look first to the contingent fee agreement and assess its
reasonableness. A reduction in the contingent fee may be appropriate when (1) the fee is out of line
with the character of the representation and the results achieved; (2) counsel's delay caused past-due
benefits to accumulate during the pendency of the case in court, or (3) past-due benefits are large in
comparison to the amount of time counsel spent on the case. Id.
Based upon a review of the petition and these factors, the court finds that an award of
$20,078.76 is reasonable. Pursuant to a contingency fee agreement, Plaintiff agreed to pay counsel
twenty-five percent (25%) of any past-due benefits (ECF No. 25-2). Plaintiff was awarded
$56,351.00 in back benefits for himself and $30,390.00 in back benefits for his three children (ECF
Nos. 25-1 at 4 and 25-3), and, in compliance with 42 U.S.C. § 406(b)(1)(A), counsel's requested fee

does not exceed twenty-five percent (25%) of these past-due benefits. Furthermore, the requested
attorney's fee is reasonable given that counsel expended 6.25 hours working on this matter at the
court level, together with 20.50 paralegal hours (ECF Nos. 20-2 at 2 and 25-1 at 3). Wrenn v. Astrue,
525 F.3d 931, 937 (10th Cir. 2008) (noting that under § 406(b) the court makes fee awards only for
work done before the court). Additionally, Plaintiff's counsel achieved a successful result without
any unreasonable delay. In light of counsel's specialized skill in social security disability cases, the
attorney's fee award does not amount to a windfall. Cf. Brown v. Barnhart, 270 F.Supp.2d 769,
772 73 (W.D. Va. 2003).
Therefore, based on the foregoing, Plaintiff’s motion for attorney’s fees (ECF No. 25) is
granted, and Plaintiff is awarded $20,078.76 in attorney’s fees, as requested.1
IT IS SO ORDERED.

s/Timothy M. Cain
United States District Judge
December 13, 2016
Anderson, South Carolina

1

Plaintiff’s counsel was previously awarded a lesser amount of fees under the Equal
Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). (ECF No. 24). “Fee awards may be made
under both [EAJA and § 406(b) ], but the claimant's attorney must refund to the claimant the
amount of the smaller fee . . . up to the point the claimant receives 100 percent of the past-due
benefits.” Gisbrecht, 535 U.S. at 796 (internal quotation marks and citation omitted).
Accordingly, Plaintiff's counsel is to refund to the Plaintiff the previously ordered EAJA fees
immediately after he receives the payment of the § 406(b) fees.
2