United States District Court, C.D. California
ORDER GRANTING MOTION FOR ATTORNEY FEES PURSUANT TO
42 U.S.C. § 406(B)
HONORABLE KENLY KIYA KATO UNITED STATES MAGISTRATE JUDGE
Gaynell D. (“Plaintiff”)'s counsel, Andrew T.
Koenig (“Counsel”), filed a Corrected Motion
(“Corrected Motion”) for Attorney Fees Pursuant
to 42 U.S.C. § 406(b) (“Section 406(b)”).
The Corrected Motion seeks an award of $10, 439.12 for
representing Plaintiff in an action to obtain disability
insurance benefits with a refund to Plaintiff of $3, 300.00
for the Equal Access to Justice Act (“EAJA”) fees
previously awarded. The parties have consented to the
jurisdiction of the undersigned United States Magistrate
Judge, pursuant to 28 U.S.C. § 636(c). For the reasons
stated below, the Court GRANTS the Corrected Motion.
December 29, 2017, Plaintiff filed the Complaint in this
action. ECF Docket No. (“Dkt.”) 1, Compl.
Plaintiff alleged the Commissioner of the Social Security
Administration (“Defendant”) improperly denied
Plaintiff's application for Title II Disability Insurance
Benefits (“DIB”) and Title XVI Supplemental
Security Income (“SSI”). Id. at 1-2. On
June 15, 2018, pursuant to the parties' Stipulation to
Remand, dkt. 18, the Court entered Judgment remanding the
case for further administrative proceedings. Dkt. 19, Order;
Dkt. 20, Judgment.
19, 2018, the Court issued an order approving the
parties' stipulation awarding EAJA fees to Counsel in the
amount of $3, 300.00. Dkt. 22, Order Approving EAJA Fees.
October 11, 2019, Counsel filed the instant Corrected
Motion for Authorization of Attorney's Fees
Pursuant to Section 406(b) seeking attorney's fees in the
amount of $10, 439.12 with a reimbursement to Plaintiff in
the amount of $3, 300.00 for the EAJA fees previously paid.
Dkt. 24, Mot. Counsel states 20.1 hours of attorney and
paralegal time were spent representing Plaintiff in federal
court. Dkt. 24 at 7-11, Declaration of Andrew T. Koenig
(“Koenig Decl.”), ¶ 7-9. Counsel seeks
compensation pursuant to a contingency agreement dated
December 14, 2017, which provides if Plaintiff prevails in
federal court, Counsel “is entitled to 25% of the
lump-sum back-due benefits awarded to Client and his/her
family.” Koenig Decl., ¶ 5; Dkt., 24-2,
Attorney's Fee Agreement at ¶ 3.
October 11, 2019, Counsel served Plaintiff with the Corrected
Motion and informed her that she had a right to file a
response to the Corrected Motion. Dkt. 24 at 11, Proof of
Service; Dkt. 24, Mot. at 2. Plaintiff has not filed a
October 22, 2019, Defendant filed a Response to the Corrected
Motion. Dkt. 25. Defendant “takes no position on the
reasonableness of the request” of the $10, 439.12 fee
but provides an analysis of the fee request based on
Defendant's role “resembling that of a trustee for
the claimants.” Id. at 5.
the Court deems this matter submitted.
Pursuant to Section 406(b):
Whenever a court renders a judgment favorable to a claimant
under this subchapter who was represented before the court by
an attorney, the court may determine and allow as part of its
judgment a reasonable fee for such representation, not in
excess of 25 percent of the total of the past-due benefits to
which the claimant is entitled by reason of such judgment,
and the Commissioner of Social Security may . . . certify the