Daniels v. Commissioner of Social Security

W.D. Washington

Daniels v. Commissioner of Social Security

DecidedJanuary 2, 2025

Docket2:20-cv-01209

StatusUnknown

This text of Daniels v. Commissioner of Social Security (Daniels 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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Daniels v. Commissioner of Social Security, (W.D. Wash. 2025).

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

9 STACIA LEIGH DANIELS, Case No. 2:20-cv-1209-RSM

10 Plaintiff, ORDER GRANTING PLAINTIFF’S 11 MOTION FOR ATTORNEY FEES v. PURSUANT 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. #32. Plaintiff seeks fees in the amount of $20,683.50. Upon receipt of 17 18 this sum, counsel for Plaintiff will refund the previously awarded Equal Access to Justice Act 19 (“EAJA”) fees of $7,334.63 directly to the Plaintiff. Id. Defendant neither supports nor opposes 20 counsel’s request. Dkt. #34. 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 Commissioner’s Response, the exhibits 9 and declarations attached thereto, and the remainder of the record, the Court ORDERS as follows: 10 Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C § 406(b), Dkt. #32, is GRANTED. 11 $20,683.50, which represents twenty-five percent (25%) of the past due benefits awarded to the 12 13 Plaintiff, are to be remitted to the Law Offices of Charles E. Binder and Harry J. Binder, LLP. 14 Upon receipt of this sum, counsel for Plaintiff is directed to refund the previously awarded Equal 15 Access to Justice Act fees of $7,334.63 directly to the Plaintiff. 16 DATED this 2nd day of January, 2025. 17 18 A 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 STACIA LEIGH DANIELS, Case No. 2:20-cv-1209-RSM

10 Plaintiff, ORDER GRANTING PLAINTIFF’S 11 MOTION FOR ATTORNEY FEES v. PURSUANT 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. #32. Plaintiff seeks fees in the amount of $20,683.50. Upon receipt of 17 18 this sum, counsel for Plaintiff will refund the previously awarded Equal Access to Justice Act 19 (“EAJA”) fees of $7,334.63 directly to the Plaintiff. Id. Defendant neither supports nor opposes 20 counsel’s request. Dkt. #34. 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 Commissioner’s Response, the exhibits 9 and declarations attached thereto, and the remainder of the record, the Court ORDERS as follows: 10 Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C § 406(b), Dkt. #32, is GRANTED. 11 $20,683.50, which represents twenty-five percent (25%) of the past due benefits awarded to the 12 13 Plaintiff, are to be remitted to the Law Offices of Charles E. Binder and Harry J. Binder, LLP. 14 Upon receipt of this sum, counsel for Plaintiff is directed to refund the previously awarded Equal 15 Access to Justice Act fees of $7,334.63 directly to the Plaintiff. 16 DATED this 2nd day of January, 2025. 17 18 A 19 RICARDO S. MARTINEZ 20 UNITED STATES DISTRICT JUDGE

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