Curtis v. Colvin

Filing 31

ORDER granting Plaintiff's 28 Motion for Attorney Fees signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAVID CURTIS,

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CASE NO. C15-5234-JCC
Plaintiff,

ORDER

v.
COMMISSIONER OF SOCIAL SECURITY,

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Defendant.

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This matter comes before the Court on Plaintiff’s unopposed motion for attorney fees
(Dkt. No. 28).

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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 . . . .

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42 U.S.C. § 406(b)(1)(A). Plaintiff agreed to pay his attorney 25% of his past-due benefits if his

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Social Security appeal was successful. (Dkt. No. 28-1.) Plaintiff’s appeal was successful, and the

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total award is $161,720 in past-due benefits. (Dkt. No. 28-2.) In accordance with the fee

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agreement, Plaintiff asks the Court to authorize a fee of $34,430 to be paid to his attorney. (Dkt.

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No. 28 at 5.) The Court finds that the total fee is reasonable given that it comports with the fee

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agreement, counsel’s representation was effective, there was no undue delay, and the fee does

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not represent a windfall. (See generally id.) The Commissioner does not oppose the request or

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ORDER
C15-5234-JCC
PAGE - 1

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the amount of fees. (Dkt. No. 30.)

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Plaintiff’s motion for attorney fees (Dkt. No. 28) is GRANTED. Defendant shall release

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the remaining fee owing of $34,430 minus any applicable processing fee to Plaintiff’s attorney,

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Kevin Kerr. Counsel is DIRECTED to refund Plaintiff $7,332.30, the amount in attorney fees

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paid to Mr. Kerr under the Equal Access to Justice Act, 28 U.S.C. § 2412. (See Dkt. No. 27.)

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DATED this 18th day of June 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C15-5234-JCC
PAGE - 2