Stearns v. Colvin

Filing 40

ORDER granting 38 Motion for Attorney 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
AT TACOMA

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RICHARD E. STEARNS,

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Plaintiff,
v.

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NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,

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CASE NO. 3:14-cv-05611 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
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Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge
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and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6).
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This matter is before the Court on plaintiff’s Motion for Attorney’s Fees Pursuant to 42 U.S.C. §
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406(b). See Dkt. 38. Defendant has no objection to plaintiff’s motion. See Dkt. 39.
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The Court may allow a reasonable fee for an attorney who represented a Social Security
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Title II claimant before the Court and obtained a favorable judgment, as long as such fee is not in
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excess of 25 percent of the total of past-due benefits. See 42 U.S.C. § 406(b)(1); Grisbrecht v.
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ORDER GRANTING UNOPPOSED MOTION FOR
ATTORNEY’S FEES PURSUANT TO 42 U.S.C. §
406(B) - 1

1 Barnhart, 535 U.S. 789 (2002). When a contingency agreement applies, the Court will look first
2 to such agreement and will conduct an independent review to assure the reasonableness of the
3 fee requested, taking into consideration the character of the representation and results achieved.
4 See Grisbrecht, supra, 535 U.S. at 807, 808 (footnote omitted) (citations omitted). Although the
5 fee agreement is the primary means for determining the fee, the Court will adjust the fee
6 downward if substandard representation was provided, if the attorney caused excessive delay, or
7 if a windfall would result from the requested fee. See Crawford v. Astrue, 586 F.3d 1142, 1151
8 (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

10 Dkt. 38, Attachments 1, 3). See Grisbrecht, supra, 535 U.S. at 808. Following remand from this
11 Court for further consideration (see Dkts. 31, 38, Attachment 1), plaintiff was awarded benefits.
12 There has not been excessive delay and no windfall will result from the requested fee.
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Plaintiff’s total back payment was $91,880.00. See Dkt. 38, Attachments 1, 3. Plaintiff

14 has moved for a net attorney’s fee of $15,393.24 (see id.), and the Court has considered
15 plaintiff’s gross attorney’s fee of $22,970.00 and the EAJA award received by plaintiff’s
16 attorney in the amount of $7,576.76. Parish v. Comm’r. Soc. Sec. Admin., 698 F.3d 1215, 1221
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Based on plaintiff’s motion and supporting documents (see Dkt. 38, Attachments 1, 3, 4,

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20 fees in the amount of $22,970.00 be awarded to plaintiff’s attorney pursuant to 42 U.S.C. §
21 406(b). Because $7,576.76 already has been paid to plaintiff’s attorney, $15,393.24, minus any
22 applicable processing fees as allowed by statute, should now be released to plaintiff’s attorney by
23 the Administration. After releasing this $15,393.24, minus any applicable processing fees, to
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ORDER GRANTING UNOPPOSED MOTION FOR
ATTORNEY’S FEES PURSUANT TO 42 U.S.C. §
406(B) - 2

1 plaintiff’s attorney, the Social Security Administration is to release all remaining funds to
2 plaintiff.
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Dated this 31st day of July, 2017.

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