Gilbertson v. Astrue

Filing 34

ORDER granting 29 and 30 Motions for Attorney Fees. Signed by U.S. District Judge Karen E. Schreier on 1/6/2015. (KC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
ALI M. GILBERTSON,
Plaintiff,
vs.

CIV. 12-4176-KES
ORDER GRANTING MOTION FOR
ATTORNEY’S FEES

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
Plaintiff’s attorney, Steven R. Pfeiffer, moves the court pursuant to 42
U.S.C. § 406(b) for authorization of attorney fees for federal court representation
in this case. The Commissioner does not object to the request.
Fees under 42 U.S.C. § 406(b) are paid from the claimant’s benefits. The
fees should be reasonable and not in excess of 25 percent of the total past-due
benefit to which the claimant is entitled by reason of the judgment. 42 U.S.C.
§ 406(b)(1). The court should review the fee arrangement between the lawyer
and client to assure that the agreement yields a reasonable result. Gisbrecht v.
Barnhart, 535 U.S. 789, 796 (2002). As long as the fee is reasonable, courts
should use attorney-client contingency fee agreements to determine the fees to
be awarded. See id. at 808.
In this action, Pfeiffer represented plaintiff, Ali M. Gilbertson, for over two
years. The claim involved both physical and mental impairments. Following a
civil action that was pending before this court, Gilbertson was awarded $99,320

in past-due benefits. The written contingency fee agreement provides for a 25
percent contingent fee. Pfeiffer spent 53.4 hours on the federal action.
Pfeiffer is requesting a 25 percent fee in the amount of $24,830 less the
$6,000 paid at the administrative level for a total federal fee of $18,830. The
court finds Pfeiffer’s fee request to be reasonable under the facts of this case.
Pfeiffer acknowledges that this fee ($18,830) should then be reduced by
the EAJA fee previously paid in this matter of $9,314.70, pursuant to Gisbrecht,
535 U.S. at 796. With this credit, the net additional fee owed by Gilbertson to
Pfeiffer is $9,515.30. Therefore, it is
ORDERED that Pfeiffer’s motions (Dockets 29 and 30) for award of
attorney fees pursuant to 42 U.S.C. § 406(b) in the net amount of $9,515.30 is
granted.
Dated January 6, 2015.
BY THE COURT:
/s/Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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