Campbell v. Colvin

Filing 30

ORDER granting 26 Motion for Attorney Fees Pursuant to 42 U.S.C. § 406(b) signed by Judge J Richard Creatura.(SH)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 JACQUELINE CAMPBELL, 8 9 10 11 12 Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, CASE NO. 3:14-cv-05943 JRC ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY’S FEES PURSUANT TO 42 U.S.C. § 406(b) Defendant. 13 14 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73 and Local 15 Magistrate Judge Rule MJR 13 (see also Notice of Initial Assignment to a U.S. Magistrate Judge 16 and Consent Form, Dkt. 5; Consent to Proceed Before a United States Magistrate Judge, Dkt. 6). 17 This matter is before the Court on plaintiff’s Motion for Attorney’s Fees Pursuant to 42 U.S.C. § 18 406(b). See Dkt. 26. Defendant has no objection to plaintiff’s motion. See Dkt. 29. 19 The Court may allow a reasonable fee for an attorney who represented a Social Security 20 Title II claimant before the Court and obtained a favorable judgment, as long as such fee is not in 21 excess of 25 percent of the total of past-due benefits. See 42 U.S.C. § 406(b)(1); Grisbrecht v. 22 Barnhart, 535 U.S. 789 (2002). When a contingency agreement applies, the Court will look first 23 to such agreement and will conduct an independent review to assure the reasonableness of the 24 fee requested, taking into consideration the character of the representation and results achieved. ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY’S FEES PURSUANT TO 42 U.S.C. § 406(B) - 1 1 See Grisbrecht, supra, 535 U.S. at 807, 808 (footnote omitted) (citations omitted). Although the 2 fee agreement is the primary means for determining the fee, the Court will adjust the fee 3 downward if substandard representation was provided, if the attorney caused excessive delay, or 4 if a windfall would result from the requested fee. See Crawford v. Astrue, 586 F.3d 1142, 1151 5 (9th Cir. 2009) (citing Grisbrecht, supra, 535 U.S. at 808). 6 Here, the representation was standard, at least, and the results achieved excellent (see 7 Dkt. 27, Attachment 1). See Grisbrecht, supra, 535 U.S. at 808. Following remand from this 8 Court for further consideration (see Dkt. 21), plaintiff was awarded benefits. There has not been 9 excessive delay and no windfall will result from the requested fee. 10 Plaintiff’s total back payment was $110,800.00 (see Dkt. 27, Attachment 1, p. 3). 11 Plaintiff has moved for a net attorney’s fee of $21,700.00 (see Dkt. 26), and the Court has 12 considered plaintiff’s gross attorney’s fee of $27,700.00 and the $6,000.00 fee payment received 13 for work at the administrative level under 42 U.S.C. § 406(a). See Dkt. 27, p. 2. Parish v. 14 Comm’r. Soc. Sec. Admin., 698 F.3d 1215, 1221 (9th Cir. 2012). 15 Based on plaintiff’s unopposed motion and supporting documents (see Dkts. 26, 27, 28, 16 29), it is hereby ORDERED that attorney’s fees in the amount of $21,700.00, minus any 17 applicable processing fees, be awarded to plaintiff’s attorney pursuant to 42 U.S.C. § 406(b). 18 Following receipt of the 42 U.S.C. § 406(b) award, plaintiff’s attorney shall refund the EAJA 19 fees award of $4,154.87 (see Dkt. 25) directly to plaintiff. 20 Dated this 3rd day of August, 2017. A 21 22 J. Richard Creatura United States Magistrate Judge 23 24 ORDER GRANTING UNOPPOSED MOTION FOR ATTORNEY’S FEES PURSUANT TO 42 U.S.C. § 406(B) - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?