Russell v. Commissioner of Social Security

W.D. Washington

Russell v. Commissioner of Social Security

DecidedJune 17, 2025

Docket3:23-cv-05690

StatusUnknown

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

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Opinion

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

PENNY L. RUSSELL, Case No. C23-5690-RSM 10

Plaintiff, ORDER GRANTING PLAINTIFF’S 11 MOTION FOR ATTORNEY FEES 12 v. UNDER 42 U.S.C. § 406(b)

COMMISSIONER OF SOCIAL 13 SECURITY,

14 Defendant.

This matter comes before the Court on Plaintiff’s unopposed Motion for Attorney Fees 16 42 U.S.C. § 406(b). Dkt. #21. Plaintiff seeks fees in the net amount of $16,511.12 out of $98,418 17 in past due benefits. This accounts for a previous Equal Access to Justice Act (“EAJA”) fee 18 award of $8,093.38. Id.; see also Dkt. #20. Defendant neither supports nor opposes counsel’s 19 request and did not otherwise respond. See Dkt. #21 at 1. 20 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for his 21 or her representation before a court pursuant to 42 U.S.C. §§ 406(b). Straw v. Bowen, 866 F.2d 22 1167 (9th Cir.1989). Plaintiff must apply to the Social Security Administration for an award of 23 fees for representation at the administrative level. 42 U.S.C. § 406(a); Stenswick v. Bowen, 815 24 1 F.2d 519 (9th Cir. 1987). Under 42 U.S.C. § 406(b), the Court may allow a reasonable fee for an attorney who represented a Social Security Title II claimant before the Court and obtained a 2 favorable judgment, as long as such fee is not in excess of 25% of the total past-due benefits. See 3 Grisbrecht v. Barnhart, 535 U.S. 789 (2002). 4 Fee awards may be made under both the EAJA and § 406(b), but the claimant’s attorney 5 must refund to the claimant the amount of the smaller fee. See Gisbrecht v. Barnhart, 535 U.S. 6 789, 796 (2002). 7 The Court concludes that the request is reasonable within the meaning of § 406(b). 8 Accordingly, having reviewed Plaintiff’s Motion, the exhibits and declarations attached thereto, 9 and the remainder of the record, the Court finds and ORDERS that Plaintiff’s Motion for 10 Attorney Fees Under 42 U.S.C. § 406(b), Dkt. #21, is GRANTED. Plaintiff’s counsel is awarded 11 $16,511.12 in attorney fees under 42 U.S.C. § 406(b), which is the gross § 406(b) fee of 12 $24,604.50 less the previously awarded EAJA fee of $8,093.38. When issuing the Section 406(b) 13 payment to Plaintiff’s attorney, the Commissioner is directed to send Plaintiff’s attorney, H. Peter 14 Evans, the balance of $16,511.12 in accordance with agency policy. 15

16 DATED this 17th day of June, 2025. 17 A 18

19 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 20

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

PENNY L. RUSSELL, Case No. C23-5690-RSM 10

Plaintiff, ORDER GRANTING PLAINTIFF’S 11 MOTION FOR ATTORNEY FEES 12 v. UNDER 42 U.S.C. § 406(b)

COMMISSIONER OF SOCIAL 13 SECURITY,

14 Defendant.

This matter comes before the Court on Plaintiff’s unopposed Motion for Attorney Fees 16 42 U.S.C. § 406(b). Dkt. #21. Plaintiff seeks fees in the net amount of $16,511.12 out of $98,418 17 in past due benefits. This accounts for a previous Equal Access to Justice Act (“EAJA”) fee 18 award of $8,093.38. Id.; see also Dkt. #20. Defendant neither supports nor opposes counsel’s 19 request and did not otherwise respond. See Dkt. #21 at 1. 20 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for his 21 or her representation before a court pursuant to 42 U.S.C. §§ 406(b). Straw v. Bowen, 866 F.2d 22 1167 (9th Cir.1989). Plaintiff must apply to the Social Security Administration for an award of 23 fees for representation at the administrative level. 42 U.S.C. § 406(a); Stenswick v. Bowen, 815 24 1 F.2d 519 (9th Cir. 1987). Under 42 U.S.C. § 406(b), the Court may allow a reasonable fee for an attorney who represented a Social Security Title II claimant before the Court and obtained a 2 favorable judgment, as long as such fee is not in excess of 25% of the total past-due benefits. See 3 Grisbrecht v. Barnhart, 535 U.S. 789 (2002). 4 Fee awards may be made under both the EAJA and § 406(b), but the claimant’s attorney 5 must refund to the claimant the amount of the smaller fee. See Gisbrecht v. Barnhart, 535 U.S. 6 789, 796 (2002). 7 The Court concludes that the request is reasonable within the meaning of § 406(b). 8 Accordingly, having reviewed Plaintiff’s Motion, the exhibits and declarations attached thereto, 9 and the remainder of the record, the Court finds and ORDERS that Plaintiff’s Motion for 10 Attorney Fees Under 42 U.S.C. § 406(b), Dkt. #21, is GRANTED. Plaintiff’s counsel is awarded 11 $16,511.12 in attorney fees under 42 U.S.C. § 406(b), which is the gross § 406(b) fee of 12 $24,604.50 less the previously awarded EAJA fee of $8,093.38. When issuing the Section 406(b) 13 payment to Plaintiff’s attorney, the Commissioner is directed to send Plaintiff’s attorney, H. Peter 14 Evans, the balance of $16,511.12 in accordance with agency policy. 15

16 DATED this 17th day of June, 2025. 17 A 18

19 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 20

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