Fernandez v. Kijakazi

Background

Fernandez sought judicial review of the Social Security Commissioner’s decision denying benefits. On April 20, 2022, the court remanded the case for further proceedings. On remand, the Commissioner granted Fernandez’s application and awarded $128,544 in retroactive benefits.

Fernandez’s attorney, Richard Zieman, requested $32,136 under Section 206(b) of the Social Security Act, 42 U.S.C. § 406(b). That amount represented 25% of Fernandez’s past-due benefits, consistent with her contingent-fee agreement. The court had previously approved $5,757 in attorney fees under the Equal Access to Justice Act, or EAJA.

Court’s analysis

Section 406(b) permits a federal court to award an attorney a reasonable fee for representing a successful Social Security claimant, subject to a limit of 25% of the claimant’s past-due benefits. The court explained that it must first consider the contingent-fee agreement and then independently review whether the requested amount is reasonable.

The court found the request reasonable because Zieman submitted a valid contingent-fee agreement and time records, reported 28.05 hours of work, and obtained a favorable result for Fernandez. The court found no evidence of substandard work or that the fee was disproportionate to the work performed. The resulting effective hourly rate was $1,145.67, which the court found to be within the range approved in other cases.

Ruling

Judge Thomas S. Hixson granted the motion for attorney fees. The Commissioner was directed to certify $32,136 in fees under Section 406(b), payable to Richard Zieman. Because fees awarded under Section 406(b) must account for fees previously paid under the EAJA, Zieman was ordered to refund Fernandez the $5,757 EAJA fee award.