Kelly v. Colvin

Filing 27

ORDER granting Plaintiff's 25 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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CHRISTIN KELLY,

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CASE NO. C16-0037-JCC
Plaintiff,

ORDER

v.
NANCY A. BERRYHILL,

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Defendant.

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This matter comes before the Court on Plaintiff’s unopposed motion for attorney fees
(Dkt. No. 25).

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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 . . . .

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42 U.S.C. § 406(b)(1)(A). Plaintiff agreed to pay his attorney 25% of his past-due benefits if his

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Social Security appeal was successful. (Dkt. No. 25-5.) Plaintiff’s appeal was successful, and the

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total award is at least $149,836 in past-due benefits. (Dkt. Nos. 25-3, 25-4.) In accordance with

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the fee agreement, Plaintiff asks this Court to authorize a fee of $37,459 to be paid to his

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attorney. (Dkt. No. 25 at 1.) The Court finds that the total fee is reasonable given that it comports

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with the fee agreement, counsel’s representation was effective, there was no undue delay, and the

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fee does not represent a windfall. (See Dkt. Nos. 25, 25-5, 25-6, 25-7.) The Commissioner does

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ORDER
C16-0037-JCC
PAGE - 1

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not oppose the request or the amount of fees. (See Dkt. No. 26.)

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Plaintiff’s motion for attorney fees (Dkt. No. 25) is GRANTED. Plaintiff’s counsel is

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awarded attorney fees of $37,459 pursuant to 42 U.S.C. § 406(b). Such funds shall be paid to

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Robert A. Friedman, PO Box 1064, Rochester, WA 98579. The attorney fees totaling $5,048.38

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granted pursuant to the Equal Access to Justice Act shall be refunded to Plaintiff upon counsel’s

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receipt of the 406(b) fee awarded.

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DATED this 12th day of July 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C16-0037-JCC
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