Aue (Brown) v. Berryhill

Filing 29

ORDER granting Plaintiff's 21 Unopposed Motion for Attorney Fees pursuant to 42 U.S.C. § 406(b). The Court AWARDS Plaintiff's attorney an attorney fee of $4,980.00. Signed by U.S. District Judge John C Coughenour. (PM)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ERIN HEATHER AUE,

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CASE NO. C17-5704-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

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pursuant to 42 U.S.C. § 406(b) (Dkt. No. 19). Plaintiff’s attorney has requested $4,980.00 for her

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representation of Plaintiff in federal court. (Id. at 1.) Defendant does not object to Plaintiff’s

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request. (Dtk. No. 25 at 1.) For the foregoing reasons, the Court GRANTS the motion.

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Under § 406(b), a court entering judgment in favor of a social security disability

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insurance claimant who was represented by an attorney “may determine and allow as part of its

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judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the

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past-due benefits to which the claimant is entitled by reason of such judgment.” In determining

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whether to grant a § 406(b) fee request, a court must first ensure that the requested fee is

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consistent with the contract between the plaintiff and their attorney. See Crawford v. Astrue, 586

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F.3d 1142, 1148 (9th Cir. 2009) (citing Gisbrecht v. Barnhart, 535 U.S. 789, 808–09 (2002)).

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The court must then test the requested fee for reasonableness. Id. (citing Gisbrecht, 535 U.S. at
ORDER
C17-5704-JCC
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808). Courts have broad discretion to decide if a fee request is reasonable or to adjust a fee

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downward if the request is unreasonable. See Gisbrecht, 535 U.S. at 808.

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Here, the request of Plaintiff’s attorney is appropriate under § 406(b). Plaintiff is entitled

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to past-due benefits totaling $43,920.00. (Dkt. No. 21-5 at 3.) Plaintiff’s attorney has requested

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an award of $4,980.00 in attorney fees. (Dkt. No. 19 at 1.) This figure is significantly lower than

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the statutory cap and the 25 percent that Plaintiff agreed to pay her attorney. (See Dkt. No. 28 at

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1.) In addition, the figure is reasonable in light of the effective and efficient representation that

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Plaintiff’s attorney provided in this case. Accordingly, the Court AWARDS Plaintiff’s attorney

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an attorney fee of $4,980.00 pursuant to 42 U.S.C. § 406(b). Defendant is DIRECTED to send a

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fee of $4,980.00 to Plaintiff’s attorney, minus any applicable processing fees as allowed by

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statute. On receipt of payment of the fee, Plaintiff’s attorney is directed to refund to Plaintiff any

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amount of fees that Plaintiff’s attorney received under the Equal Access to Justice Act, 28 U.S.C.

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§ 2412.

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DATED this 18th day of December 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C17-5704-JCC
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