Alissa T. v. Colvin

Background

The Court considered Plaintiff’s counsel’s motion for attorney’s fees under 42 U.S.C. § 406(b). The government did not oppose or support the requested award. It asked the Court not to include language directing the Commissioner to pay the award, but did not explain who would pay it instead.

The statute permits an award of up to 25 percent of a claimant’s past-due benefits and requires the Court to determine whether the requested fee is reasonable. Alissa T. was entitled to $40,445.66 in past-due benefits. Counsel requested $10,111.41, which equals 25 percent of those benefits.

Court’s analysis

The Court found no basis to reduce the requested fee. Counsel did not cause delay or provide substandard representation. Counsel submitted records of the hours worked, and the requested amount produced an effective hourly rate of approximately $800, which the Court said was within the range approved in other disability cases in the District of Minnesota. The Court therefore found that a fee equal to 25 percent of Alissa T.’s award was reasonable.

Counsel also reported receiving a previous $6,780.43 attorney’s-fee award under the Equal Access to Justice Act. The Court noted that refunding previously paid fees to the claimant is the preferred method for addressing that earlier award.

Disposition

Judge Paul A. Magnuson ordered that Plaintiff’s motion for attorney’s fees under 42 U.S.C. § 406(b) was GRANTED. The order awarded $10,111.41 in attorney’s fees, directed Defendant to pay that amount directly to Plaintiff’s counsel under the agreement Alissa T. signed, and required counsel to refund $6,780.43 to Alissa T.