Duffy v. Commissioner of Social Security Administration

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 John Duffy, No. CV-19-08161-PCT-JAT 10 Plaintiff, ORDER v. Commissioner of Social Security Administration, Defendant.

15 Pending before the Court is Plaintiff’s counsel’s motion for attorney’s fees pursuant to 42 U.S.C. § 406(b). Counsel seeks $22,946.75 in fees. (Doc. 28 at 1). Counsel acknowledges that the $9,800.00 in attorney’s fees previously awarded under the Equal Access to Justice Act (“EAJA”) must be paid to the client.

19 The Government takes no position on the amount of fees requested under § 406(b).

20 (Doc. 29). The Court finds the Gisbrecht factors have been met; the amount requested under § 406(b) is within the statutory guidelines and is reasonable. See Gisbrecht v. Barnhart, 535 U.S. 789 (2002).

23 The parties dispute how the $9,800.00 will be paid to the client. Plaintiff’s counsel wants the Government to pay $9,800.00 directly to the client (at an unknown point in time) by the Government paying only $13,146.75 of the $22,946.75 sought to Plaintiff’s counsel.

26 The Government states that such a procedure is not permitted by law; instead, the Government states that it must pay the full $22,946.75 to Plaintiff’s counsel, and Plaintiff’s counsel must refund the $9,800.00 in awarded EAJA fees to the client. The Court agrees || with the Government that the language of Gisbrecht, 535 U.S. at 796, states that Plaintiff's || counsel shall “refund” the EAJA fees to the Plaintiff. Thus, Plaintiff's counsel will be required to refund $9,800.00 to the client.

4 Based on the foregoing, 5 IT IS ORDERED granting the motion for attorney’s fees pursuant to 42 U.S.C. § 6|| 406(b) (Doc. 28); Plaintiff’s counsel is awarded $22,946.75 in fees subject to the amount 7\| to be refunded by Plaintiff's counsel to the client as discussed above.

8 Dated this 20th day of April, 2021.

10 i C James A. Teilborg 12 Senior United States District Judge _2-