Opinion
Case No. 3:11-cv-407
02-03-2014
TERESA L. MULLINS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
JUDGE WALTER H. RICE
DECISION AND ENTRY SUSTAINING PLAINTIFF'S MOTION FOR
AUTHORIZATION OF ATTORNEY FEES PURSUANT TO 42 U.S.C.
§ 406(b) (DOC. #21); AWARDING $7,558.00 IN ATTORNEY FEES
Plaintiff entered into a contingent fee agreement whereby she agreed to pay her attorney 25% of any past due Social Security benefits awarded. Plaintiff was awarded $30,232.00 in back benefits. Pursuant to the contingent fee agreement, and 42 U.S.C. § 406(b)(1), Plaintiff requests that the Court approve an award of $7,558.00 in attorney fees, 25% of the back benefits awarded. Doc. #21. Defendant does not oppose Plaintiff's motion. Doc. #22.
The Court finds that the amount requested does not exceed the statutory limit set forth in 42 U.S.C. §406(a)(2)(A)(ii)(l), and that the fees requested are reasonable. See Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002). Moreover, this is not a situation where a reduction of fees might be warranted because of "improper conduct or ineffectiveness of counsel," or where "counsel would otherwise enjoy a windfall because of either an inordinately large benefit award or from minimal effort expended." Rodriguez v. Brown, 865 F.2d 739, 746 (6th Cir. 1989). Plaintiff's counsel spent 43.25 hours on this case. Lauer Aff. ¶ 9. The fee request equates to an hourly rate of just $174.75, which the Court finds to be reasonable.
For these reasons, the Court SUSTAINS Plaintiff's Motion for Authorization of $7,558.00 in Attorney Fees Pursuant to 42 U.S.C. § 406(b). Doc. #21.
Plaintiff notes that, on August 29, 2013, the Court awarded $4,521.25 in attorney fees, and $350.00 in costs, under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Doc. #20. Accordingly, although she has requested approval of a total of $7,558.00 in attorney fees, she is requesting to be paid only an additional $3,036.75.
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WALTER H. RICE
UNITED STATES DISTRICT JUDGE