Osborne v. Commissioner of Social Security

• Court: District Court, W.D. Washington
• Decided: September 17, 2024
• Docket: 2:21-cv-00387
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 3

4 MARY E. OSBORNE, Case No. 2:21-cv-387-RSM 5 Plaintiff, ORDER GRANTING PLAINTIFF’S 6 MOTION FOR ATTORNEY FEES v. PURSANT TO 42 U.S.C. § 406(b) 7

8 COMMISIONER OF SOCIAL SECURITY,

9 Defendant. 10 This matter comes before the Court on Plaintiff Mary Osborne’s Motion for Attorney 11 12 Fees under 42 U.S.C. § 406(b). Dkt. #23. Plaintiff seeks fees in the amount of $18,882.25. Upon 13 receipt of this sum, counsel for Plaintiff will refund the previously awarded Equal Access to 14 Justice Act (“EAJA”) fees of $4,705.45 directly to the Plaintiff. Id. Defendant neither supports 15 nor opposes counsel’s request. Dkt. #24. However, “the Commissioner requests that the Court 16 specifically indicate that any amount it authorizes in § 406(b) fees is to be paid out of Plaintiff’s 17 18 past-due benefits in accordance with agency policy.” Id. at 2. 19 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for his 20 or her representation before a court pursuant to 42 U.S.C. §§ 406(b). Straw v. Bowen, 866 F.2d 21 1167 (9th Cir.1989). Plaintiff must apply to the Social Security Administration for an award of 22 23 fees for representation at the administrative level. 42 U.S.C. § 406(a); Stenswick v. Bowen, 815 24 F.2d 519 (9th Cir.1987). Under 42 U.S.C. § 406(b), the Court may allow a reasonable fee for an 25 attorney who represented a Social Security Title II claimant before the Court and obtained a 26 favorable judgment, as long as such fee is not in excess of 25% of the total past-due benefits. See 27 Grisbrecht v. Barnhart, 535 U.S. 789 (2002). 28 Fee awards may be made under both the EAJA and § 406(b), but the claimant’s attorney 1 2 must refund to the claimant the amount of the smaller fee. See Gisbrecht v. Barnhart, 535 U.S. 3 789, 796 (2002). 4 The Court concludes the request is reasonable within the meaning of § 406(b). 5 Accordingly, having reviewed Plaintiff’s Motion, the Commissioner’s Response, the exhibits 6 and declarations attached thereto, and the remainder of the record, the Court ORDERS as follows: 7 8 1) Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C § 406(b), Dkt. #23, is 9 GRANTED. $18,882.25, which represents twenty-five percent (25%) of the past due 10 benefits awarded to the Plaintiff, are to be remitted to the Law Offices of Charles E. 11 Binder and Harry J. Binder, LLP. Upon receipt of this sum, counsel for Plaintiff is 12 13 directed to refund the previously awarded Equal Access to Justice Act fees of 14 $4,705.45 directly to the Plaintiff. 15 2) Any payment of fees is from the Plaintiff’s withheld past-due benefits. If the 16 Commissioner has not withheld past-due benefits sufficient to satisfy this order and 17 Plaintiff’s attorney reports being unable to collect the fee from the Plaintiff, the 18 19 Commissioner will satisfy this order via the procedures in the Program Operation 20 Manual System (POMS) GN 03920.055.C. 21 DATED this 17th day of September, 2024. 22 23 A 24 RICARDO S. MARTINEZ 25 UNITED STATES DISTRICT JUDGE