Aquino v. Commissioner of Social Security

Background

Ramon Maria Aquino brought the case under 42 U.S.C. § 405(g) to seek judicial review of the denial of Social Security benefits. The Court had remanded the matter to the Commissioner of Social Security for further review. It had also approved a stipulation awarding Aquino $5,400 in attorney’s fees under the Equal Access to Justice Act, a statute that allows certain fee awards against the government.

After the remand, Aquino received retroactive benefits from the Social Security Administration. On December 19, 2024, his counsel moved for attorney’s fees under 42 U.S.C. § 406(b). That provision allows a court to approve a reasonable fee of no more than 25 percent of the claimant’s past-due benefits.

Arguments and Analysis

The Court asked the Commissioner to respond, including on whether the requested fee would be an impermissible windfall. The Commissioner reported that the requested de facto hourly rate was $1,837.58 and argued that typical hourly fees in the district should not exceed approximately $1,500.

The Court concluded that a de facto hourly rate of $1,837 was high but not categorically unreasonable or unprecedented. Aquino’s counsel had billed 20.7 hours, including briefing and oral argument on cross-motions for judgment on the pleadings. Aquino’s motion had been granted, and the case had been remanded to the Commissioner.

Disposition

The Court determined that the requested fee was reasonable and ordered that attorney’s fees be granted in the amount of $38,687.93. The opinion states that this amount was less than 25 percent of the past-due benefits after reduction of the hearing-level representative fee. Upon receiving the § 406(b) payment, Aquino’s counsel was directed to refund the previously awarded $5,400 in Equal Access to Justice Act fees directly to Aquino. The Clerk of Court was requested to grant the motion at ECF No. 33.