(SS) Boda v. Commissioner of Social Security, 2:20-cv-00982-CKD

Plaintiff Michael Tibor Boda was represented by counsel in a Social Security disability benefits case.
The action resulted in a judgment favorable to Boda and a remand for further proceedings.
Plaintiff’s counsel sought attorney’s fees of $16,326.75 for 38.1 hours of court representation, based on 42 U.S.C. § 406(b).
Counsel acknowledged that the requested amount should be offset by $8,400 previously awarded under the Equal Access to Justice Act (EAJA).
The Commissioner of Social Security did not oppose the fee amount requested.
The court reviewed detailed billing evidence and considered both the quality of representation and the results achieved, including $51,207.15 in past-due benefits awarded to the plaintiff.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the requested attorney’s fees are reasonable	The fee is reasonable for the hours and results achieved	No opposition	The requested fee is reasonable and is awarded
Whether fees under § 406(b) should offset EAJA fees	Counsel will refund EAJA fee upon payment of § 406(b) fee	No opposition	Counsel must refund previous EAJA award to plaintiff
Whether counsel’s performance warrants reduction	Performed competently; achieved good results	No opposition	No reduction warranted; representation was competent
Whether delay caused by counsel affects fee	No dilatory conduct by counsel	No opposition	No evidence of delay; full fee awarded

Russell v. Sullivan, 930 F.2d 1443 (9th Cir. 1991) (holding that Social Security attorney fees are payable out of a claimant’s benefits, not by the government)
Gisbrecht v. Barnhart, 535 U.S. 789 (U.S. 2002) (explaining reasonableness review for contingent-fee agreements under § 406(b))
Sorenson v. Mink, 239 F.3d 1140 (9th Cir. 2001) (modifying prior precedent relevant to attorney fee awards in Social Security cases)