Kallinen v. Berryhill

Filing 23

ORDER granting Plaintiff's 21 Unopposed Motion for Attorney Fees. Signed by U.S. District Judge John C Coughenour. (SWT)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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WILLIAM KALLINEN,

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CASE NO. C17-5972-JCC
Plaintiff,

ORDER

v.
NANCY BERRYHILL, 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. 21) pursuant to 42 U.S.C. § 406(b)(1):
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 past-due benefits.

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42 U.S.C. § 406(b)(1). Plaintiff agreed to pay his attorney 25 percent of the total back-

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pay benefits if he prevailed on appeal. (Dkt. No. 21-1 at 1.) Plaintiff’s appeal was

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successful and Plaintiff received $86,192 in back-pay benefits. (Dkt. No. 21-2 at 1.)

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Plaintiff now moves the Court to approve attorney fees in the amount of $17,028. (Dkt.
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ORDER
C17-5972-JCC
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No. 21.) This amount is consistent with the statutory maximum and fee agreement. (Dkt.
Nos. 21 at 4, 21-1.)

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The Court finds that the total fee request is reasonable given the amount of time

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counsel expended on this case. Therefore, Plaintiff’s motion for attorney fees (Dkt. No.

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21) is GRANTED. The Court authorizes counsel to charge attorney fees in the amount of

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$17,028 in accordance with 42 U.S.C. § 406(b)(1). Counsel is DIRECTED to refund

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Plaintiff $2,685.27, the amount previously paid to counsel under the Equal Access to
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Justice Act, 28 U.S.C. § 2412. (See Dkt. No. 21 at 2.)
DATED this 22nd day of January 2019.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER
C17-5972-JCC
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