Padilla-Gonzalez v. Colvin

Filing 28

ORDER granting 24 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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CALVINA LEIPUNI PADILLAGONZALEZ,

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Plaintiff,
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v.
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CASE NO. 14-cv-05552 JRC
ORDER GRANTING MOTION FOR
ATTORNEY’S FEES PURSUANT
TO 42 U.S.C. § 406(b)

CAROLYN W COLVIN, Acting
Commissioner of the Social Security
Administration,

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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. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6).
20 This matter is before the Court on plaintiff’s Motion for Attorney’s Fees Pursuant to 42 U.S.C. §
21 406(b) (see Dkt. 24). Defendant has no objection to plaintiff’s request (see Dkt. 27).
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The Court may allow a reasonable fee for an attorney who represented a Social Security

23 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 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

11 Dkt. 25, Attachment 1). See Grisbrecht, supra, 535 U.S. at 808. Defendant stipulated to remand
12 the matter subsequent to plaintiff’s filing of her Opening Brief (Dkt. 18). Following a second
13 administrative hearing, the Administrative Law Judge issued a favorable Decision, finding
14 plaintiff disabled (see Dkt. 25, p. 1, Attachment 1). There has not been excessive delay and no
15 windfall will result from the requested fee.
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Plaintiff’s total back payment was $54,049 and $13,512.25 (25%) was withheld for

17 payment of attorney’s fees (see Dkt. 25 at p. 2, Attachment 1). Plaintiff has moved for a gross
18 attorney’s fee of $7,512.25 and will refund the first $4,459.83 (previously awarded under the
19 Equal Access to Justice Act (EAJA) (Dkt. 23) to plaintiff (see Motion, Dkt. 24, p. 1) and the
20 Court has considered plaintiff’s gross attorney’s fee of $7,512.25 and the EAJA award received
21 by plaintiff’s attorney in the amount of $4,459.83; Parish v. Comm’r. Soc. Sec. Admin., 698 F.3d
22 1215, 1221 (9th Cir. 2012).
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ORDER GRANTING MOTION FOR
ATTORNEY’S FEES PURSUANT TO 42 U.S.C. §
406(B) - 2

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Based on plaintiff’s motion and supporting documents (see Dkt. 24, Dkt. 25

2 w/Attachments 1, 2, 3 and Dkt. 26), and with no objection from defendant (Dkt. 27), it is hereby
3 ORDERED that attorney’s fees in the amount of $7,512.25 be awarded to plaintiff’s attorney
4 pursuant to 42 U.S.C. § 406(b). Following receipt of the fee award, plaintiff’s attorney will
5 refund to plaintiff $4,459.83, which was previously paid by the Commissioner under the EAJA.
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Dated this 6th day of September, 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) - 3