Summary
This United States District Court order grants the plaintiff's motion for attorney fees pursuant to 42 U.S.C. § 406(b) in a Social Security disability appeal. The court calculates the requested contingent fee based on twenty-five percent of the past-due benefits awarded, offsets it by previously granted EAJA fees, and finds the effective hourly rate reasonable given the contingency agreement and litigation risks. The net attorney fee award of $26,803.00 is approved.
Topics
Practice areas
Questions Presented
- Whether the fee award of $35,103 (net $26,803) is reasonable under 42 U.S.C. § 406(b) and applicable Ninth Circuit precedent.
Holdings
- The court finds the fee award reasonable and grants Plaintiff's motion for attorneys' fees.
Key quotations
“Although high, the Court finds this amount reasonable, given the risks associated with a contingency fee agreement, the fact that it took over two years for the filing of a motion for attorneys fees to ripen, and that the amount sought is consistent with the terms of the contractual agreement between Plaintiff and his counsel.” (at 1)
Factual background
Plaintiff received a total award of $140,412. He had a contingency agreement for up to 25% of the award, amounting to $35,103. After offsetting $8,300 EAJA fees, the net fee sought was $26,803. Plaintiff worked 36.10 hours, resulting in an effective hourly rate of $972.38.
Procedural history
The case arose from a Social Security benefits award of $140,412. Plaintiff sought a fee award under § 406(b) after prevailing on appeal. The defendant did not oppose the motion.