Richard R. v. Colvin

Background

Richard R. brought the underlying case seeking review of a final Social Security decision. The court granted his motion for summary judgment on October 17, 2023, and remanded the case for further proceedings. The Commissioner then granted his application for benefits, awarding $113,643 in retroactive benefits.

Richard R.’s counsel, Katherine Siegfried, filed a motion under 42 U.S.C. § 1383(d)(2)(B) for $28,410.75 in attorney’s fees. The requested amount was 25% of the past-due benefits, consistent with the contingent-fee agreement between Richard R. and counsel. Counsel had previously received $10,500 under the Equal Access to Justice Act.

Court’s Analysis

The court explained that it first examines the contingent-fee agreement and then tests the requested amount for reasonableness. Relevant considerations include the quality of the representation, the results achieved, any undue delay or substandard performance, and whether the fee is disproportionate to the time spent.

The court found the fee reasonable. Counsel achieved a favorable result because the remand led to an award of benefits. The record showed no undue delay or substandard performance; counsel had requested only one 30-day extension. The requested fee complied with the statutory 25% limit and was not disproportionate to the 46.35 hours counsel spent on the case. The court calculated an effective hourly rate of $612.96 and found it comparable to rates approved by other courts in the district.

Ruling

Judge Kandis Westmore granted the motion for attorney’s fees and awarded $28,410.75. The court ordered Richard R.’s counsel to refund Richard R. the $10,500 in Equal Access to Justice Act fees that counsel had previously received.

Disposition

The attorney’s-fee motion was granted. The opinion does not state that the ruling was with or without prejudice.