Lewis v. Kijakazi

Background

Crystal A. Lewis filed an action under the Social Security Act seeking review of the denial of her benefits. On November 21, 2023, the court granted Lewis’s motion for summary judgment and remanded the case for further proceedings. The Commissioner later approved Lewis’s application and awarded her $161,184 in retroactive benefits.

The court had also approved an $8,300 attorney’s-fee award under the Equal Access to Justice Act. Separately, Lewis’s contingent-fee agreement provided that she would pay her attorney, Richard Zieman, up to 25% of any past-due benefits. That percentage was $40,296 in this case.

Fee request

Zieman sought $40,296 under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b). Section 406(b) permits a federal court to award a reasonable fee for an attorney’s representation in a successful Social Security case, subject to a limit of 25% of the claimant’s past-due benefits.

The court examined the contingent-fee agreement and independently evaluated whether the requested amount was reasonable. Zieman provided timesheets showing 35.45 hours of work, resulting in an effective hourly rate of $1,136.70. The court found no evidence of substandard work or that the fee was disproportionate to the work performed. It also considered the favorable result and the risk Zieman accepted by representing Lewis on a contingency basis.

Ruling

The court held that the requested fee was reasonable and granted counsel’s motion for attorney’s fees. It directed the Commissioner to certify $40,296 under section 406(b), payable to Richard Zieman.

Because attorney’s fees awarded under section 406(b) must be offset by fees previously awarded under the Equal Access to Justice Act, the court ordered Zieman to refund the $8,300 Equal Access to Justice Act award to Lewis.