Jacobs v. Commissioner of Social Security

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA JOSHUA JACOBS, CASE NO. 3:19-cv-05144-JRC 11 Plaintiff, ORDER GRANTING 12 v. UNOPPOSED MOTION FOR ATTORNEY’S FEES PURSUANT COMMISSIONER OF SOCIAL SECURITY, TO 42 U.S.C. § 406(b) 14 Defendant.

16 This Court has jurisdiction pursuant to 28 U.S.C. § 636(c), Fed. R. Civ. P. 73, and Local Magistrate Judge Rule MJR 13. See also Consent to Proceed before a United States Magistrate Judge, Dkt. 2. This matter is before the Court on plaintiff’s unopposed motion for attorney’s fees pursuant to 42 U.S.C. § 406(b). See Dkt. 23.

20 The Court may allow a reasonable fee for an attorney who represented a claimant before the Court and obtained a favorable judgment, as long as such fee is not in excess of twenty-five percent of the total of past-due benefits. See 42 U.S.C. § 406(b)(1); Grisbrecht v. Barnhart, 535 23 U.S. 789 (2002). When a contingency agreement applies, the Court will look first to such agreement and will conduct an independent review to assure the reasonableness of the fee requested, taking into consideration the character of the representation and results achieved. See Grisbrecht, 535 U.S. at 807–08. Although the fee agreement is the primary means for determining the fee, the Court will adjust the fee downward if substandard representation was provided, if the attorney caused excessive delay, or if a windfall would result from the requested fee. See Crawford v. Astrue, 586 F.3d 1142, 1151 (9th Cir. 2009) (citing Grisbrecht, 535 U.S. at 808).

7 Here, the representation was standard, at least, and the results achieved excellent. See Dkt. 23-2; Grisbrecht, 535 U.S. at 808. Following remand from this Court for further consideration (Dkt. 17), plaintiff was awarded benefits. Dkt. 23-2. There has not been excessive delay and no windfall will result from the requested fee.

11 Plaintiff’s total back payment was $82,225.00 (see Dkt. 23-2). Plaintiff’s gross attorney’s fee of $20,556.25 is twenty-five percent of the back benefits. However, plaintiff’s attorney already received an EAJA award in the amount of $8,190.43. See Dkt. 22. Therefore, plaintiff has moved for a net attorney’s fee of $12,365.82. See Dkt. 23.

15 Based on plaintiff’s unopposed motion and supporting documents (see Dkts. 23–24), it is hereby ORDERED that attorney’s fees in the amount of $12,365.82 be awarded to plaintiff’s attorney pursuant to 42 U.S.C. § 406(b). The Social Security Administration is directed to send payment of the 406(b) fees to plaintiff’s attorney, 19 Dated this 29th day of November, 2021.

A J. Richard Creatura Chief United States Magistrate Judge