Hanford v. Colvin

Filing 19

ORDER granting 17 UNOPPOSED MOTION FOR ATTORNEYS FEES PURSUANT TO 42 U.S.C. § 406(b) signed by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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MEGAN HANFORD,

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Plaintiff,
v.

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NANCY A. BERRYHILL, Deputy
Commissioner of the Social Security
Administration for Operations,

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CASE NO. 2:16-cv-0921 JRC
ORDER GRANTING
UNOPPOSED MOTION FOR
ATTORNEY’S FEES PURSUANT
TO 42 U.S.C. § 406(b)

Defendant.

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This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local

18 Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
19 and Consent Form, Dkt. 4; Consent to Proceed Before a United States Magistrate Judge, Dkt. 5).
20 This matter is before the Court on plaintiff’s unopposed Motion for Attorney’s Fees Pursuant to
21 42 U.S.C. § 406(b) (see Dkt. 17, amended at Dkt. 18).
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The Court may allow a reasonable fee for an attorney who represented a Social Security
Title II claimant before the Court and obtained a favorable judgment, as long as such fee is not in

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ORDER GRANTING UNOPPOSED MOTION FOR
ATTORNEY’S FEES PURSUANT TO 42 U.S.C. §
406(B) - 1

1 excess of 25 percent of the total of past-due benefits. See 42 U.S.C. § 406(b)(1); Grisbrecht v.
2 Barnhart, 535 U.S. 789 (2002). When a contingency agreement applies, the Court will look first
3 to such agreement and will conduct an independent review to assure the reasonableness of the
4 fee requested, taking into consideration the character of the representation and results achieved.
5 See Grisbrecht, supra, 535 U.S. at 807, 808 (footnote omitted) (citations omitted). Although the
6 fee agreement is the primary means for determining the fee, the Court will adjust the fee
7 downward if substandard representation was provided, if the attorney caused excessive delay, or
8 if a windfall would result from the requested fee. See Crawford v. Astrue, 586 F.3d 1142, 1151
9 (9th Cir. 2009) (citing Grisbrecht, supra, 535 U.S. at 808).
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Here, the representation was standard, at least, and the results achieved excellent (see
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Dkt. 17, Attachment 3). See Grisbrecht, supra, 535 U.S. at 808. Following remand from this
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Court for further consideration (see Dkt. 13), plaintiff was awarded benefits. There has not been
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excessive delay and no windfall will result from the requested fee.
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Plaintiff’s total back payment was $124,176.00 (see id., pp. 1, 3). Plaintiff has moved for

16 an attorney’s fee of $23,750.00 (see Amended Motion, Dkt. 18, p. 1), and the Court has
17 considered plaintiff’s gross attorney’s fee of $23,750.00 and the EAJA award received by
18 plaintiff’s attorney in the amount of $9,038.30 (Dkt. 15). Parish v. Comm’r. Soc. Sec. Admin.,
19 698 F.3d 1215, 1221 (9th Cir. 2012).
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Based on plaintiff’s unopposed motion and supporting documents (see Dkt. 17,
Attachments 2, 3, 4, Dkt. 18), it is hereby ORDERED that attorney’s fees in the amount of
$14,711.70 ($23,750.00 - $9,038.30) be awarded to plaintiff’s attorney pursuant to 42 U.S.C. §

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ORDER GRANTING UNOPPOSED MOTION FOR
ATTORNEY’S FEES PURSUANT TO 42 U.S.C. §
406(B) - 2

1 406(b). The Social Security Administration is to release the remaining backpay (including the
2 previously awarded EAJA fees in the amount of $9,038.30) to plaintiff.
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Dated this 30th day of May, 2018.

A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING UNOPPOSED MOTION FOR
ATTORNEY’S FEES PURSUANT TO 42 U.S.C. §
406(B) - 3