Newton v. Commissioner of Social Security

W.D. Washington

Newton v. Commissioner of Social Security

DecidedAugust 25, 2023

Docket3:20-cv-05560

StatusUnknown

This text of Newton v. Commissioner of Social Security (Newton 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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Newton v. Commissioner of Social Security, (W.D. Wash. 2023).

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6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 CHRISTINA V. NEWTON, ) 9 ) CASE NO. C20-5560-RSM 10 Plaintiff, ) ) ORDER GRANTING PLAINTIFF’S 11 vs. ) MOTION FOR ATTORNEY’S FEES ) UNDER 42 U.S.C. § 406(b) 12 COMMISSIONER OF SOCIAL SECURITY, ) ) 13 Defendant. ) ) 14

15 Presently before the Court is Plaintiff Christina V. Newton’s Motion for Attorney’s Fees 16 Pursuant to 42 U.S.C. § 406(b). Dkt. #28. Defendant Commissioner of Social Security (the 17 “Commissioner”) neither supports nor opposes Plaintiff’s request for attorney’s fees. Dkt. #31. 18 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for his or 19 her representation before a court pursuant to 42 U.S.C. §§ 406(b). Straw v. Bowen, 866 F.2d 1167 20 (9th Cir.1989). Plaintiff must apply to the Social Security Administration for an award of fees for 21 representation at the administrative level. 42 U.S.C. § 406(a); Stenswick v. Bowen, 815 F.2d 519 22 (9th Cir.1987). Under 42 U.S.C. § 406(b), the Court may allow a reasonable fee for an attorney 23 who represented a Social Security Title II claimant before the Court and obtained a favorable 24 judgment, as long as such fee is not in excess of 25% of the total past-due benefits. See Grisbrecht 25 1 v. Barnhart, 535 U.S. 789 (2002). Plaintiff was awarded $31,474.00 in past due benefits. Dkt. 2 #28-3 at 2. Twenty-five percent of past due benefits is $7,868.50. The Court concludes that the 3 attorney’s fees sought by counsel are reasonable within the meaning of § 406(b). Plaintiff’s 4 counsel is entitled to a gross attorney fee of $7,868.50, reduced by the Administrative Fees of 5 $5,896.00 that previously were awarded, leaving a net fee of $1,972.50. 6 Furthermore, the Commissioner requests that this Court clarify the source of payments and 7 actions taken in the event of insufficient funds available to satisfy the award, given that the 8 Commissioner is not obligated to pay section 406(b) fees from its general fund. Plaintiff has not 9 objected to this request and the Court finds no basis for denial. 10 CONCLUSION 11 Accordingly, having reviewed Plaintiff’s Motion, the exhibits and declarations attached 12 thereto, Defendant’s Response, and the remainder of the record, the Court ORDERS as follows: 13 1) Plaintiff’s Motion for § 406(b) fees, Dkt. #28, is GRANTED. It is ORDERED that 14 reasonable fees in the amount of $1,972.50 are awarded to Plaintiff’s attorney, David P. 15 Oliver, pursuant to 42 U.S.C. § 406(b). Upon receipt, Plaintiff’s counsel will refund 16 directly to Plaintiff any fees he previously received under the Equal Access to Justice Act 17 (“EAJA”), 28 U.S.C. § 2412. 18 2) This payment of fees compromises 25% of Plaintiff’s past-due benefits. 19 3) Any payment of fees is from the claimant’s withheld past-due benefits. If the 20 Commissioner has not withheld past-due benefits sufficient to satisfy this order and 21 Plaintiff’s attorney reports he is unable to collect the fee from the claimant, the 22 Commissioner will satisfy this Order via the procedures in Program Operation Manual 23 System (POMS) GN 03920.055.C. 24 25 1 IT IS SO ORDERED. 2 DATED this 25th day of August, 2023. 3

4 A 5 RICARDO S. MARTINEZ 6 UNITED STATES DISTRICT JUDGE 7 8 9

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6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 CHRISTINA V. NEWTON, ) 9 ) CASE NO. C20-5560-RSM 10 Plaintiff, ) ) ORDER GRANTING PLAINTIFF’S 11 vs. ) MOTION FOR ATTORNEY’S FEES ) UNDER 42 U.S.C. § 406(b) 12 COMMISSIONER OF SOCIAL SECURITY, ) ) 13 Defendant. ) ) 14

15 Presently before the Court is Plaintiff Christina V. Newton’s Motion for Attorney’s Fees 16 Pursuant to 42 U.S.C. § 406(b). Dkt. #28. Defendant Commissioner of Social Security (the 17 “Commissioner”) neither supports nor opposes Plaintiff’s request for attorney’s fees. Dkt. #31. 18 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for his or 19 her representation before a court pursuant to 42 U.S.C. §§ 406(b). Straw v. Bowen, 866 F.2d 1167 20 (9th Cir.1989). Plaintiff must apply to the Social Security Administration for an award of fees for 21 representation at the administrative level. 42 U.S.C. § 406(a); Stenswick v. Bowen, 815 F.2d 519 22 (9th Cir.1987). Under 42 U.S.C. § 406(b), the Court may allow a reasonable fee for an attorney 23 who represented a Social Security Title II claimant before the Court and obtained a favorable 24 judgment, as long as such fee is not in excess of 25% of the total past-due benefits. See Grisbrecht 25 1 v. Barnhart, 535 U.S. 789 (2002). Plaintiff was awarded $31,474.00 in past due benefits. Dkt. 2 #28-3 at 2. Twenty-five percent of past due benefits is $7,868.50. The Court concludes that the 3 attorney’s fees sought by counsel are reasonable within the meaning of § 406(b). Plaintiff’s 4 counsel is entitled to a gross attorney fee of $7,868.50, reduced by the Administrative Fees of 5 $5,896.00 that previously were awarded, leaving a net fee of $1,972.50. 6 Furthermore, the Commissioner requests that this Court clarify the source of payments and 7 actions taken in the event of insufficient funds available to satisfy the award, given that the 8 Commissioner is not obligated to pay section 406(b) fees from its general fund. Plaintiff has not 9 objected to this request and the Court finds no basis for denial. 10 CONCLUSION 11 Accordingly, having reviewed Plaintiff’s Motion, the exhibits and declarations attached 12 thereto, Defendant’s Response, and the remainder of the record, the Court ORDERS as follows: 13 1) Plaintiff’s Motion for § 406(b) fees, Dkt. #28, is GRANTED. It is ORDERED that 14 reasonable fees in the amount of $1,972.50 are awarded to Plaintiff’s attorney, David P. 15 Oliver, pursuant to 42 U.S.C. § 406(b). Upon receipt, Plaintiff’s counsel will refund 16 directly to Plaintiff any fees he previously received under the Equal Access to Justice Act 17 (“EAJA”), 28 U.S.C. § 2412. 18 2) This payment of fees compromises 25% of Plaintiff’s past-due benefits. 19 3) Any payment of fees is from the claimant’s withheld past-due benefits. If the 20 Commissioner has not withheld past-due benefits sufficient to satisfy this order and 21 Plaintiff’s attorney reports he is unable to collect the fee from the claimant, the 22 Commissioner will satisfy this Order via the procedures in Program Operation Manual 23 System (POMS) GN 03920.055.C. 24 25 1 IT IS SO ORDERED. 2 DATED this 25th day of August, 2023. 3

4 A 5 RICARDO S. MARTINEZ 6 UNITED STATES DISTRICT JUDGE 7 8 9

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