Pinn v. Colvin

Filing 30

ORDER granting 26 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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YVETTE G. PINN,
Plaintiff,

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v.

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

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CASE NO. 14-cv-05724 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, ECF No. 5; Consent to Proceed Before a United States Magistrate Judge,
ECF No. 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. 26). Defendant has no objection to plaintiff’s request (see Dkt. 29).
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

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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. 27, Attachment 1). See Grisbrecht, supra, 535 U.S. at 808. Defendant stipulated to remand
9 the matter subsequent to plaintiff’s filing of her Opening Brief, and following a second
10 administrative hearing, the Administrative Law Judge issued a favorable Decision finding
11 plaintiff disabled from November 11, 2010 through June 1, 2014 (see Dkt. 27, p. 1). There has
12 not been excessive delay and no windfall will result from the requested fee.
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Plaintiff’s total back payment was $55,809.00 (see id., Attachment 1). Plaintiff has

14 moved for an attorney’s fee of $7,952.25 (see Motion, Dkt. 26, p. 1), and on receipt of this fee
15 will refund to plaintiff the EAJA fee award of $3,497.10 (see id.; see also Dkt. 24). See Parish v.
16 Comm’r. Soc. Sec. Admin., 698 F.3d 1215, 1221 (9th Cir. 2012).
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Based on plaintiff’s motion and supporting documents (see Dkt. 26, 27 with attachments

18 1-3, 28), and with no objection from defendant (Dkt. 29), it is hereby ORDERED that attorney’s
19 fees in the amount of $7,952.25 be awarded to plaintiff’s attorney pursuant to 42 U.S.C. §
20 406(b).
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Dated this 11th day of August, 2016.

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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