Russell v. Commissioner of Social Security

[7] UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON [8] AT SEATTLE [9] PENNY L. RUSSELL, Case No. C23-5690-RSM [10] Plaintiff, ORDER GRANTING PLAINTIFF’S [11] MOTION FOR ATTORNEY FEES [12] v. UNDER 42 U.S.C. § 406 (b) COMMISSIONER OF SOCIAL [13] SECURITY, [14] Defendant. [15] This matter comes before the Court on Plaintiff’s unopposed Motion for Attorney Fees [16] 42 U.S.C. § 406 (b). Dkt. #21. Plaintiff seeks fees in the net amount of $16,511.12 out of $98,418 [17] in past due benefits. This accounts for a previous Equal Access to Justice Act (“EAJA”) fee [18] award of $8,093.38. Id.; see also Dkt. #20. Defendant neither supports nor opposes counsel’s [19] request and did not otherwise respond. See Dkt. #21 at 1. [20] Attorney’s fees may be awarded to a successful social security claimant’s lawyer for his [21] or her representation before a court pursuant to 42 U.S.C. §§ 406 (b). Straw v. Bowen, 866 F.2d 22 1167 (9th Cir.1989). Plaintiff must apply to the Social Security Administration for an award of [23] fees for representation at the administrative level. 42 U.S.C. § 406 (a); Stenswick v. Bowen, 815 [24] 1 F.2d 519 (9th Cir. 1987). Under 42 U.S.C. § 406 (b), the Court may allow a reasonable fee for an attorney who represented a Social Security Title II claimant before the Court and obtained a [2] favorable judgment, as long as such fee is not in excess of 25% of the total past-due benefits. See [3] Grisbrecht v. Barnhart, 535 U.S. 789 (2002). [4] Fee awards may be made under both the EAJA and § 406(b), but the claimant’s attorney [5] must refund to the claimant the amount of the smaller fee. See Gisbrecht v. Barnhart, 535 U.S. 6 789, 796 (2002). [7] The Court concludes that the request is reasonable within the meaning of § 406(b). [8] Accordingly, having reviewed Plaintiff’s Motion, the exhibits and declarations attached thereto, [9] and the remainder of the record, the Court finds and ORDERS that Plaintiff’s Motion for [10] Attorney Fees Under 42 U.S.C. § 406 (b), Dkt. #21, is GRANTED. Plaintiff’s counsel is awarded [11] $16,511.12 in attorney fees under 42 U.S.C. § 406 (b), which is the gross § 406(b) fee of [12] $24,604.50 less the previously awarded EAJA fee of $8,093.38. When issuing the Section 406(b) [13] payment to Plaintiff’s attorney, the Commissioner is directed to send Plaintiff’s attorney, H. Peter [14] Evans, the balance of $16,511.12 in accordance with agency policy. [16] DATED this 17th day of June, 2025. [17] A [19] RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE