Bevilacqua v. Commissioner of Social Security

W.D. Washington

Bevilacqua v. Commissioner of Social Security

DecidedSeptember 3, 2025

Docket2:20-cv-01617

StatusUnknown

This text of Bevilacqua v. Commissioner of Social Security (Bevilacqua v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8

9 ANGELA M BEVILACQUA, Case No. 2:20-cv-1617-RSM 10 Plaintiff, ORDER GRANTING PLAINTIFF’S 11 MOTION FOR ATTORNEY FEES v. PURSANT TO 42 U.S.C. § 406(b) 12

13 COMMISIONER OF SOCIAL SECURITY,

14 Defendant. 15 This matter comes before the Court on Plaintiff’s Motion for Attorney Fees under 42 16 U.S.C. § 406(b). Dkt. #28. Plaintiff seeks fees in the net amount of $22,533.75 out of 17 18 $146,182.00 in past due benefits. See Dkt. #28-1. This accounts for a previous Equal Access to 19 Justice Act (“EAJA”) fee award of $6,811.75. Id. Defendant has not responded to this Motion. 20 Id. 21 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for his 22 23 or her representation before a court pursuant to 42 U.S.C. §§ 406(b). Straw v. Bowen, 866 F.2d 24 1167 (9th Cir.1989). Plaintiff must apply to the Social Security Administration for an award of 25 fees for representation at the administrative level. 42 U.S.C. § 406(a); Stenswick v. Bowen, 815 26 F.2d 519 (9th Cir.1987). Under 42 U.S.C. § 406(b), the Court may allow a reasonable fee for an 27 attorney who represented a Social Security Title II claimant before the Court and obtained a 28 favorable judgment, as long as such fee is not in excess of 25% of the total past-due benefits. See 1 2 Grisbrecht v. Barnhart, 535 U.S. 789 (2002). 3 Fee awards may be made under both the EAJA and § 406(b), but the claimant’s attorney 4 must refund to the claimant the amount of the smaller fee. See Gisbrecht v. Barnhart, 535 U.S. 5 789, 796 (2002). 6 The Court concludes the request is reasonable within the meaning of § 406(b). 7 8 Accordingly, having reviewed Plaintiff’s Motion, the exhibits and declarations attached thereto, 9 and the remainder of the record, the Court ORDERS as follows: Plaintiff’s Motion for Attorney 10 Fees Pursuant to 42 U.S.C § 406(b), Dkt. #28, is GRANTED. Plaintiff’s counsel is awarded 11 $22,533.75 in attorney fees under 42 U.S.C. § 406(b). When issuing the Section 406(b) check 12 13 for payment to Plaintiff’s attorney, the Commissioner is directed to send Plaintiff’s attorney, 14 David P. Oliver, the net balance of $22,533.75, less any applicable processing fee prescribed by 15 law. 16 DATED this 3rd day of September, 2025. 17 A 18

19 RICARDO S. MARTINEZ 20 UNITED STATES DISTRICT JUDGE

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6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 AT SEATTLE 8

9 ANGELA M BEVILACQUA, Case No. 2:20-cv-1617-RSM 10 Plaintiff, ORDER GRANTING PLAINTIFF’S 11 MOTION FOR ATTORNEY FEES v. PURSANT TO 42 U.S.C. § 406(b) 12

13 COMMISIONER OF SOCIAL SECURITY,

14 Defendant. 15 This matter comes before the Court on Plaintiff’s Motion for Attorney Fees under 42 16 U.S.C. § 406(b). Dkt. #28. Plaintiff seeks fees in the net amount of $22,533.75 out of 17 18 $146,182.00 in past due benefits. See Dkt. #28-1. This accounts for a previous Equal Access to 19 Justice Act (“EAJA”) fee award of $6,811.75. Id. Defendant has not responded to this Motion. 20 Id. 21 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for his 22 23 or her representation before a court pursuant to 42 U.S.C. §§ 406(b). Straw v. Bowen, 866 F.2d 24 1167 (9th Cir.1989). Plaintiff must apply to the Social Security Administration for an award of 25 fees for representation at the administrative level. 42 U.S.C. § 406(a); Stenswick v. Bowen, 815 26 F.2d 519 (9th Cir.1987). Under 42 U.S.C. § 406(b), the Court may allow a reasonable fee for an 27 attorney who represented a Social Security Title II claimant before the Court and obtained a 28 favorable judgment, as long as such fee is not in excess of 25% of the total past-due benefits. See 1 2 Grisbrecht v. Barnhart, 535 U.S. 789 (2002). 3 Fee awards may be made under both the EAJA and § 406(b), but the claimant’s attorney 4 must refund to the claimant the amount of the smaller fee. See Gisbrecht v. Barnhart, 535 U.S. 5 789, 796 (2002). 6 The Court concludes the request is reasonable within the meaning of § 406(b). 7 8 Accordingly, having reviewed Plaintiff’s Motion, the exhibits and declarations attached thereto, 9 and the remainder of the record, the Court ORDERS as follows: Plaintiff’s Motion for Attorney 10 Fees Pursuant to 42 U.S.C § 406(b), Dkt. #28, is GRANTED. Plaintiff’s counsel is awarded 11 $22,533.75 in attorney fees under 42 U.S.C. § 406(b). When issuing the Section 406(b) check 12 13 for payment to Plaintiff’s attorney, the Commissioner is directed to send Plaintiff’s attorney, 14 David P. Oliver, the net balance of $22,533.75, less any applicable processing fee prescribed by 15 law. 16 DATED this 3rd day of September, 2025. 17 A 18

19 RICARDO S. MARTINEZ 20 UNITED STATES DISTRICT JUDGE

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