Leckron v. Colvin

Filing 31

ORDER by U.S. District Judge John C Coughenour granting Plaintiff's 29 motion for attorney fees pursuant to 42 U.S.C. § 406(b). (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JILL LECKRON,

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CASE NO. C13-5931-JCC
Plaintiff,

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ORDER

v.
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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

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This matter comes before the Court on Plaintiff Jill Leckron’s unopposed motion for

17 attorney fees pursuant to 42 U.S.C. § 406(b) (Dkt. No. 29). Under § 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.
Leckron agreed to pay Counsel 25% of her past-due benefits if her Social Security appeal was
successful. (Dkt. No. 29-2 at 2.) Leckron received $89,606.00 in past-due benefits. (Dkt. No. 293 at 2.) Accordingly, Leckron asks this Court to authorize an attorney fee of $16,401.50.1 (Dkt.
No. 29 at 1.)

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ORDER
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This amount takes into account a recently-allowed agency fee of $6,000. (Dkt. No. 29 at 1.)

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The Commissioner does not oppose the request or the amount of fees. (See Dkt. No. 30 at

2 1.) The motion for attorney fees (Dkt. No. 29) is GRANTED. The Court authorizes attorney fees
3 in the amount of $16,401.50 in accordance with 42 U.S.C. § 406(b). Counsel is directed to
4 refund Leckron $7,809.14, the amount in attorney fees paid to Counsel under the Equal Access
5 to Justice Act, 28 U.S.C. § 2412. (See Dkt. No. 29 at 1.)
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DATED this 23rd day of January 2017.

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A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
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