Robinson v. Astrue

Filing 29

ORDER granting Plaintiff's 27 Motion for Attorney Fees signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RICHARD A. ROBINSON,

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Plaintiff,
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CASE NO. C12-0858-JCC
ORDER

v.
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NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Defendant.

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This matter comes before the Court on Plaintiff’s unopposed motion for attorney fees

17 (Dkt. No. 27). Pursuant to 42 U.S.C. § 406(b)(1):
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Whenever a court renders a judgment favorable to a claimant under this subchapter
who was represented before the court by an attorney, the court may determine and
allow as part of its judgment a reasonable fee for such representation, not in excess
of 25 percent of the total of the past-due benefits.
42 U.S.C. § 406(b)(1). Robinson agreed to pay his attorney 25% of his past-due benefits if his
Social Security appeal was successful. (Dkt. No. 27-4 at 1.) Robinson’s appeal was successful,
and he received $73,511.47 in past-due benefits. (Dkt. No. 27-1 at 1.) In accordance with the fee
agreement, Robinson asks this Court to authorize a fee of $18,377.00 be paid to his attorney.
(Dkt. No. 27 at 1.) The Court finds that the total fee is reasonable given the amount of time
Counsel spent litigating this case. (See Dkt. Nos. 27-5, 27-6.) The Commissioner does not

ORDER
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1 oppose the request or the amount of fees. (See Dkt. No. 28 at 1.)
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Plaintiff’s motion for attorney fees (Dkt. No. 27) is GRANTED. The Court authorizes

3 counsel to charge attorney fees in the amount of $18,377.00 in accordance with 42 U.S.C.
4 § 406(b). Counsel is DIRECTED to refund Robinson $5,468.10, the amount in attorney fees paid
5 to Counsel under the Equal Access to Justice Act, 28 U.S.C. § 2412. (See Dkt. No. 26 at 1.)
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DATED this 20th day of September 2017.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
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