(SS) Gregg v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MARY JANE GREGG, Case No. 1:18-cv-01106-JDP (SS)

Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY FEES v.

ECF No. 28

COMMISSIONER OF SOCIAL

SECURITY,

Defendant.

Plaintiff moves for the award of attorney fees in the amount of $10,425.75 to plaintiff’s attorney Shellie Lott under 42 U.S.C. § 406(b). ECF No. 28. Plaintiff and her attorney entered into a written contingent fee agreement that provided for a fee in the amount of 25 percent of past-due benefits. ECF No. 28-3 at 1. Plaintiff’s attorney is requesting 25 percent of total past- due benefits, which amounts to $10,425.75.1

An attorney may seek an award of fees for representation of a Social Security claimant who is awarded benefits upon a favorable judgment for claimant. 42 U.S.C. § 406(b)(1)(A). A contingency fee agreement is unenforceable if it provides for fees exceeding 25 percent of past- due benefits. Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002). The court must review

1 The court previously awarded plaintiff’s attorney a fee of $4,057.96 under the Equal Access to Justice Act, which will be remitted to plaintiff. ECF No. 27. contingent-fee arrangements “as an independent check, to assure that they yield reasonable results particular cases.” Jd. at 807. In doing so, the court should consider “the character of the representation and the results the representative achieved.” Jd. at 808. In addition, the court should consider whether the attorney performed in a substandard manner or engaged in dilatory conduct or excessive delays, and whether the fees are “excessively large in relation to the benefits received.” Crawford v. Astrue, 586 F.3d 1142, 1149 (9th Cir. 2009) (en banc).

In this case, after considering the fee agreement and the applicable law, I find that plaintiffs counsel’s requested fees are reasonable. In support of the motion, plaintiff's counsel attached a written fee agreement which provided for a contingent fee of twenty-five percent of any awarded retroactive benefits. ECF No. 28-3. Plaintiff's counsel accordingly accepted the risk of loss in the representation. Plaintiff's counsel additionally expended a total of 19.9 hours of attorney time while representing plaintiff before the District Court. ECF No. 28-4. The requested fee amount is twenty-five percent of past-due benefits. As a result of counsel’s work, the matter was remanded for further proceedings before an Administrative Law Judge, who issued a favorable decision and awarded plaintiff benefits. There is no indication that counsel performed ina substandard manner or engaged in severe dilatory conduct to the extent that a reduction in fees is warranted. To the contrary, plaintiff was able to secure a fully favorable decision and remand for further proceedings, including an award of past-due benefits.

Accordingly, plaintiff's motion for attorney fees, ECF No. 28, is granted. The fee in the sum of $10,425.75 is approved to be paid by defendant to counsel for plaintiff.

IT IS SO ORDERED. ( 1 Oy —

Dated: _ March 26, 2021 □□ JEREMY D,. PETERSON

UNITED STATES MAGISTRATE JUDGE