Richardson, John v. Berryhill, Nancy

Filing 24

OPINION and ORDER granting 21 Motion for Attorney Fees. The court APPROVES a representative fee of $19,148.68. Signed by District Judge James D. Peterson on 11/23/2020. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JOHN RICHARDSON,
Plaintiff,
v.

OPINION and ORDER

ANDREW SAUL,
Commissioner of the Social Security Administration,

18-cv-188-jdp

Defendant.
Meredith Marcus, counsel for plaintiff, moves under 42 U.S.C. § 406(b) for a fee award
of $ 23,100 after plaintiff was awarded $116,188.00 in past-due benefits. Dkt. 21. Counsel’s
requested fee represents approximately 20% of plaintiff’s past-due benefits, so it falls within
the amount allowed by statute and the parties’ fee agreement. See Gisbrecht v. Barnhart, 535
U.S. 789, 792 (2002); Dkt. 21-2.
The total amount of time that counsel’s firm spent on this case for proceedings in this
court was 23.1 hours, resulting in a proposed effective rate of $1,000 an hour. Of the 23.1
hours, 17.7 hours was attorney time and the remainder was for counsel’s legal assistants. Dkt
21-3 and Dkt. 21-4. Counsel acknowledges the high rate, but she says that it is justified by the
excellent results she obtained. Specifically, she says that plaintiff will potentially receive an
additional $335,800 in disability benefits over his lifetime. In Evans v. Berryhill, No. 12-cv-888jdp, 2018 WL 835172 (W.D. Wis. Feb. 13, 2018), this court approved an effective rate of
$1,000 under similar circumstances, so counsel’s motion is GRANTED. For simplicity, the
court will subtract counsel’s $3,951.32 fee under the Equal Access to Justice Act, which would

otherwise have to be refunded to plaintiff. The court APPROVES a representative fee of
$19,148.68
Entered November 23, 2020.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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