Ashely P. v. O'Malley

Background

The court considered Ashely P.’s motion for attorney fees under 42 U.S.C. § 406(b), a statute that permits fees of up to 25 percent of a Social Security claimant’s past-due benefits. The Commissioner stated that she neither supported nor opposed the motion.

Plaintiff’s counsel requested a net total of $6,114.70. Counsel reported that the law firm spent three and a half hours on the matter, producing a requested hourly rate of $1,747.06. The request accounted for $821 in fees previously awarded under the Equal Access to Justice Act, which counsel was required to return to Ashely P.

Court’s analysis

The court found that an hourly rate of $1,747.06 would make the benefits obtained large compared with the time counsel spent. It noted that the requested rate appeared to be the highest hourly rate awarded in the District of Minnesota under Section 406(b), and that another court in the district had described a nearly $500-lower rate as being at the high end of what was reasonable.

The court reduced the hourly rate to $1,500. Because counsel spent three and a half hours on the case, the court awarded a net total of $4,500 in attorney fees.

Ruling

The court GRANTED Ashely P.’s motion for attorney fees. It awarded a net amount of $4,500 under 42 U.S.C. § 406(b) and ordered counsel to reimburse Ashely P. for fees previously received under the Equal Access to Justice Act, 28 U.S.C. § 2412. The opinion’s footnote states that Carolyn Colvin’s name was substituted for Martin O’Malley’s as the acting Commissioner under Federal Rule of Civil Procedure 25(d).