Quiambao v. Berryhill

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

ARLEEN Y. QUIAMBAO, Case No. 17-cv-02305-BAS-RBB Plaintiff,

ORDER GRANTING MOTION FOR v. ATTORNEY’S FEES (ECF No. 17) NANCY A. BERRYHILL, Acting

Commissioner of Social Security,

Defendant.

After successfully representing a Social Security disability benefits claimant, Ms. Quiambao, in federal court, her counsel seeks attorney’s fees in the amount of $10,000. (Mot. for Atty’s Fees, ECF No. 17.) The Government, in its role “resembling that of a trustee,” see Gisbrecht v. Barnhart, 535 U.S. 789, 798 n.6 (2002), takes no position with respect to the request. (ECF No. 19.) The Court agrees that the requested attorney’s fees are reasonable and GRANTS the request.

Counsel entered into a contingency agreement with Plaintiff whereby she agreed to pay 25% of past-due benefits awarded. (ECF No. 17-7.) After a successful appeal to this Court and remand to the Commissioner, Plaintiff was awarded past due benefits of $84,601.00. (Mot. for Atty’s Fees Attachs. A and B.)

Under 42 U.S.C. §406(b)(1)(A), counsel for a successful claimant, appealing the denial of Social Security disability benefits, may receive a fee if the Court determines the fee requested is reasonable and “not in excess of twenty-five percent of the total of the past- due benefits to which the claimant is entitled” by reason of such appeal. Generally, a Court is required to credit a contingency fee agreement but may reduce the amount of the award for substandard performance, delay, or benefits that are not proportionate to the time spent on the case. Crawford v. Astrue, 586 F.3d 1142, 1151 (9th Cir. 2009). In this case, counsel /requests less than the 25% contingency fee and documents 56 hours expended in pursuing the appeal in the federal district court. (ECF No. 17-4.)

The Court, therefore, finds that the requested attorney’s fees in the amount of /$10,000 is reasonable and should not be reduced. The Motion for Attorney’s Fees in the amount of $10,000 (ECF No. 17) is GRANTED.

IT IS SO ORDERED.

A , DATED: January 28, 2021 (Yin A (Lyohan.

United States District Judge

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