Pavelski, Patricia v. Berryhill, Nancy

Filing 26

ORDER granting 21 Motion for Attorney Fees. Plaintiff's attorney awarded representative fee in the amount of $$11,750.39. Signed by District Judge Barbara B. Crabb on 7/13/2021. (rks)

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

PATRICIA PAVELSKI,
v.

Plaintiff,

ORDER
18-cv-451-bbc

ANDREW SAUL,
Commissioner of Social Security,
Defendant.

Dana Duncan, counsel for plaintiff Patricia Pavelski, moves under 42 U.S.C. § 406(b)
for a fee award of $18,150.39 after plaintiff was awarded past-due disability insurance
benefits and supplemental security income. The commissioner withheld $28,150.38 for
potential attorney fees, which equals 25% of plaintiff’s past-due benefits. Counsel states that
he will seek $9,999.99 for work he performed at the administrative level, and he is seeking
$18,150.39 for work his firm performed in this court. Counsel’s requested § 406(b) fee
represents less than 25% of plaintiff's past-due benefits, dkt. #21-2, so it falls within the
amount allowed by statute and the parties’ fee agreement. Gisbrecht v. Barnhart, 535 U.S.
789, 792 (2002); Dkt. 21-1. The commissioner does not oppose counsel’s fee request. Dkt.
25.
The total amount of time that counsel’s firm spent on this case for proceedings in this
court was 43.75 hours, resulting in a proposed effective rate of $414.86 an hour. Of the
43.75 hours, 29.8 hours was attorney time and the remainder was for counsel’s legal
assistants. Dkt. #21-4. Counsel’s requested fee is within the bounds of what is reasonable
in light of counsel’s experience, his risk of non-recovery, the work he performed, the results

he obtained, and the amounts awarded in similar cases. Therefore, the court will grant
counsel’s motion. For simplicity, the court will subtract the $6,400 fee that counsel received
under the Equal Access to Justice Act, which would otherwise have to be refunded to
plaintiff.

ORDER
IT IS ORDERED that Dana W. Duncan’s motion for attorney fees under 42 U.S.C.
§ 406(b), dkt. #21, is GRANTED.

The court APPROVES a representative fee of

$11,750.39.

Entered this 13th day of July, 2021.
BY THE COURT:
/s/
_______________________
BARBARA B. CRABB
District Judge

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