TERESA M. W., 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

Case No. 6:15-cv-02301-AC 

Plaintiff, ORDER ON ATTORNEY FEES 

V. 

COMMISSIONER SOCIAL SECURITY 

ADMINISTRATION, 

Defendant. 

ACOSTA, Magistrate Judge: 

Before the court is Plaintiff Teresa M. W.'s 1 Unopposed Motion and Memorandum for 

Attorney fees pursuant to 4 2 U.S. C. § 406(b). Although Plaintiff is the claimant in this case, the real 

party in interest to this motion is her attorney, Katherine Eitenmiller ("Eitenmiller"), of Harder Wells 

Baron & Manning, P.C. ("Harder Wells"). The Commissioner does not oppose the motion, but 

merely acts in a manner similar to "a trustee for the claimant[]." Gisbrecht v. Barnhart, 535 U.S. 

1 In the interest of privacy, this opinion uses only the first name and the initial of the last 

name of the non-governmental party in this case. 

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789, 798 (2002). Having reviewed the proceedings below and the amount of fees sought, the court 

concludes that Harder Wells is entitled to fees under Section 406(b) in the amount of $11,703.03.2 

Procedural Background 

Plaintiff protectively filed her application for a period of disability and disability insurance 

benefits on November 2, 2011. Plaintiff also protectively filed an application for supplemental 

security income on November 2, 2011. In both applications, Plaintiff alleged disability beginning 

October 16, 2011. The claims were denied initially and on reconsideration. On June 24, 2014, the 

ALJ issued an unfavorable decision finding that Plaintiff was not disabled under the Act. The 

Appeals Council denied Plaintiffs request for review. 

On December 9, 2015, Plaintiff filed a Complaint in this court seeking review of the 

Commissioner's final decision. On November 28, 2016, the court granted the parties' stipulated 

motion for remand, requiring further administrative proceedings. On remand, Plaintiff was awarded 

retroactive benefits in the amount of $46,812.10, finding Plaintiff disabled as of Aril 2012. 

Plaintiff previously filed a Stipulated Motion for Attorney Fees Under 28 U.S.C. § 2412(d) 

in the amount of $5,362.06, which the court granted on February 23, 2017. Additionally, Eitenmiller 

represents that Plaintiffs representative previously has received an administrative fee of $5,907.00. 

On December 12, 2018, 2018, Plaintiff filed the instant petition for attorney fees under Section 

406(b) in the amount of $11,703.03, less the amounts previously received by Plaintiffs counsel. The 

Commissioner does not oppose the motion. 

2 The parties have consented to jurisdiction by magistrate judge in accordance with 28 U.S. C. 

§ 636(c)(l). 

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Legal Standard 

After entering a judgment in favor of a Social Security claimant who was represented by 

counsel, a court "may determine and allow as part of its judgment a reasonable fee for such 

representation, not in excess of twenty-five percent of the total of the past-due benefits to which the 

claimant is entitled by reason of such judgment." 42 U.S.C. § 406(b)(l)(A). An award of fees under 

§ 406(b) is paid from claimant's past due benefits, and an attorney receiving such an award may not 

seek any other compensation from the claimant. Gisbrecht v. Barnhart, 535 U.S. 789, 796-807 

(2002). Accordingly, when a court approves both an EAJA fee and a§ 406(b) fee payment, the 

claimant's attorney must refund to the claimant the amount of the smaller of the two payments. Id. 

Under Gisbrecht, the court must first examine the contingency fee agreement to dete1mine 

whether it is within the statutory 25 percent cap. Id. at 800. The court also must "'review for 

reasonableness fees yielded by [ contingency fee] agreements.'" Crawford v. As true, 5 86 F .3d 1142, 

1152 (9th Cir. 2009) (en bane) (quoting Gisbrecht, 535 U.S. at 808)). As set forth in Crav.iford, the 

court must apply the following factors: (1) the character of the representation, (2) the results 

achieved, (3) any delay attributable to the attorney requesting the fee, ( 4) whether the benefits of the 

representation were out of proportion with the time spent on the case, and (5) the risk assumed by 

counsel in accepting the case. Id. at 1151-52. 

Discussion 

Here, the terms of the contingent-fee agreement between Plaintiff and Harder Wells are 

within the statutory limits of§ 406(b). The $11,703.03 in attorney fees Eitenmiller seeks does not 

exceed 25 percent of the past due benefits awarded to Plaintiff. See Mot. Att'y Fees at 1 & Ex. A 

at 2, ECF No. 27. 

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The court has reviewed the record in the case, the motion, and the supporting materials 

including the award of benefits, the fee agreement with counsel, and the recitation of counsel's hours 

and services. Applying the standards set by Crawford, the court finds the requested fees reasonable. 

There is no indication that Eitenmiller was either ineffective or dilatory, and she achieved a favorable 

result for Plaintiff. Furthermore, the amount of fees requested is not out of proportion to the work 

performed by Eitenmiller, and the benefits are not so large in comparison to the amount of time 

counsel spent that a reduction of the fees requested is justified. In short, after applying the Gisbrecht 

factors, as interpreted by Crawford, the court finds that Plaintiffs counsel has demonstrated that a 

25 percent fee is reasonable for this case. 

Conclusion 

For these reasons, Plaintiffs Unopposed Motion for Attorney Fees Pursuant to 42 U.S.C. § 

406(b) (ECF No. 27) is GRANTED and Harder Wells is awarded $11,703.03 in attorney fees. In 

light of the $5,362.06 in EAJA fees previously awarded, and the $5,907.00 in administrative fees 

awarded to Plaintiffs representative, the Commissioner is directed to send the send the balance of 

$433.97, less any applicable processing or user fees as allowed by statute to Plaintiffs attorneys at 

Harder Wells Barron & Manning, P. C., 4 7 4 Willamette Street, Eugene, Oregon 97401. Any amount 

withheld after all administrative and court attorney fees are paid should be released to Plaintiff. 

IT IS SO ORDERED. 

DATED this ~fDecember, 2018. 

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