Lim v. Kijakazi

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 MELISSA F. L., Case No. 20-cv-04821-RMI

9 Plaintiff, ORDER GRANTING IN PART AND 10 v. DENYING IN PART MOTION FOR ATTORNEY FEES 11 ANDREW SAUL, et al., Re: Dkt. No. 35 12 Defendants.

13 On March 9, 2022, the undersigned entered an order granting Plaintiff’s Motion for 14 Summary Judgment, reversing the decision of the Commissioner, and remanding this matter for 15 immediate calculation and payment of benefits. See (dkt. 30). On June 16, 2022, the undersigned 16 granted the Parties’ Stipulation for Award of Attorney Fees Under the Equal Access to Justice Act 17 (“EAJA”) in the amount of $11,000.00. See (dkt. 34). On March 1, 2023, the Social Security 18 Administration awarded Plaintiff past-due benefits in the amount of $164,515.35. See (dkt. 35-3). 19 Plaintiff’s attorney now seeks an award of attorney fees in the amount of $42,000 pursuant to 42 U.S.C. § 406(b)(1). (dkt. 35). The Commissioner’s response takes no position on the 20 reasonableness of the fee request, but instead argues that counsel’s request for a “net award” is 21 improper. See (dkt. 37). Plaintiff has not replied to the Commissioner’s argument, and thus this 22 issue has been conceded by Plaintiff. In any event, the Commissioner’s position is a correct 23 interpretation of the governing statutes. See, e.g., Gisbrecht v. Barnhart, 535 U.S. 789, 796 (2002) 24 (“Congress harmonized fees payable by the Government under EAJA with fees payable under § 25 406(b) out of the claimant’s past-due Social Security benefits in this manner: Fee awards may be 26 made under both prescriptions, but the claimant’s attorney must refund to the claimant the amount 27 of the smaller fee.”) (emphasis added) (citations omitted). 1 Accordingly, the court HEREBY GRANTS Plaintiff's Motion for Attorney Fees Pursuant 2 || to § 406(b)(1) in the amount of $42,000. The Commissioner is directed to certify payment in that 3 amount to Plaintiff’s counsel and Plaintiff's counsel is ORDERED to refund $11,000 to Plaintiff 4 || upon receipt of the award. 5 IT IS SO ORDERED. 6 Dated: May 19, 2023 7 8 9 R’MM. ILLMAN 10 Urted States Magistrate Judge 11 a 12

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