Johnson v. Colvin

Filing 25

ORDER granting 23 Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) - by Judge J Richard Creatura.(SH)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CLARENCE BRUCE JOHNSON,

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Plaintiff,
v.
CAROLYN W COLVIN, Acting
Commissioner of the Social Security
Administration,

CASE NO. 13-cv-05742 JRC
ORDER GRANTING 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
Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6).
This matter is before the Court on plaintiff’s Motion for Attorney’s Fees Pursuant to 42 U.S.C. §
406(b) (see Dkt. 23). Defendant has no objection to plaintiff’s request (see Dkt. 24).
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
excess of 25 percent of the total of past-due benefits. See 42 U.S.C. § 406(b)(1); Grisbrecht v.
Barnhart, 535 U.S. 789 (2002). When a contingency agreement applies, the Court will look first
to such agreement and will conduct an independent review to assure the reasonableness of the
ORDER GRANTING MOTION FOR
ATTORNEY’S FEES PURSUANT TO 42 U.S.C. §
406(B) - 1

1 fee requested, taking into consideration the character of the representation and results achieved.
2 See Grisbrecht, supra, 535 U.S. at 807, 808 (footnote omitted) (citations omitted). Although the
3 fee agreement is the primary means for determining the fee, the Court will adjust the fee
4 downward if substandard representation was provided, if the attorney caused excessive delay, or
5 if a windfall would result from the requested fee. See Crawford v. Astrue, 586 F.3d 1142, 1151
6 (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

8 Dkt. 23, Attachments 4, 5). See Grisbrecht, supra, 535 U.S. at 808. Following a remand from
9 this Court (see Dkt. 18), a hearing was held and the Administration Law Judge issued a partially
10 favorable decision awarding benefits to plaintiff (see Dkt. 23, Attachment 5). There has not been
11 excessive delay and no windfall will result from the requested fee.
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Plaintiff’s total back payment was $39,344.90 (see id., Attachment 4). Plaintiff has

13 moved for an attorney’s fee of $3,836.22 (see Motion, Dkt. 23, p. 1), and the Court has
14 considered plaintiff’s EAJA award previously received by plaintiff’s attorney in the amount of
15 $5,538 (see id. p. 2; see also Dkt. 23, Attachment 6). See Parish v. Comm’r. Soc. Sec. Admin.,
16 698 F.3d 1215, 1221 (9th Cir. 2012).
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Based on plaintiff’s motion and supporting documents (see Dkt. 23, Attachments 1, 2, 3,

18 4, 5, 6), and with no objection from defendant (Dkt. 24), it is hereby ORDERED that attorney’s
19 fees in the amount of $3,836.22 be awarded to plaintiff’s attorney pursuant to 42 U.S.C. §
20 406(b).
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Dated this 10th day of March, 2016.

A

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J. Richard Creatura
United States Magistrate Judge

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