Fensterman v. Dudek
- Nancy Brasel
- 0:22-cv-02862
- U.S. District Court · District of Minnesota
- 5
In Fensterman v. Dudek, Judge Brasel granted counsel $26,378.68 in Social Security fees, reduced by $8,500, for a net award of $17,878.68.
Loren Fensterman’s counsel receives a net $17,878.68 fee from the withheld past-due benefits; Fensterman receives the benefit of the required $8,500 refund.
What happened
In Fensterman v. Dudek, the court had previously granted Loren Fensterman’s summary-judgment motion in part and sent the Social Security case back to the agency. The agency later awarded the past-due benefits sought.
Fensterman’s attorney requested $26,378.68 under the Social Security Act, an amount equal to 25% of the past-due benefits. Because counsel had already received $8,500 under the Equal Access to Justice Act, counsel would refund that amount, leaving a net fee of $17,878.68.
Judge Nancy E. Brasel found the fee reasonable and granted the motion. She awarded counsel $26,378.68, reduced by $8,500, and ordered the Social Security Administration to pay the net $17,878.68.
The detailed version
- Fensterman v. Dudek · No. 0:22-cv-02862
- Nancy Brasel
- May 8, 2025
Background
The court considered Loren Fensterman’s unopposed motion for authorization of attorney’s fees under 42 U.S.C. § 406(b). In an earlier order, the court had granted Fensterman’s motion for summary judgment in part and remanded the case to the Social Security Administration under sentence four of 42 U.S.C. § 405(g). The parties later stipulated to $8,500 in attorney’s fees under the Equal Access to Justice Act, and the court awarded that amount.
The Social Security Administration subsequently awarded the past-due benefits sought. It withheld $26,378.68—25% of those benefits—for payment of representative fees. Fensterman’s counsel sought that full amount under § 406(b), subject to refunding the previously awarded $8,500 Equal Access to Justice Act fee.
Legal standard
Under § 406(b), a court may determine a reasonable fee for representation in federal court, up to 25% of the claimant’s past-due benefits. The court must review the reasonableness of a contingency-fee agreement by considering the quality of the representation, the results achieved, the hours worked, and counsel’s normal hourly rate for noncontingent work. Fees may be awarded under both § 406(b) and the Equal Access to Justice Act, but counsel must refund the smaller fee to the claimant.
Court’s analysis
The court found that counsel’s work was instrumental in obtaining the benefits. It found no indication that the representation was inadequate or that counsel caused delay. Counsel spent 45.6 hours on the matter, producing an effective hourly rate of $578.48 for the requested $26,378.68 fee. The court concluded that this rate and the total fee were reasonable.
After deducting the previously awarded $8,500 Equal Access to Justice Act fee, the court awarded counsel a net amount of $17,878.68.
Disposition
The court granted the motion for attorney’s fees. It awarded counsel $26,378.68 under § 406(b), reduced by $8,500, for a net total fee of $17,878.68, and ordered the Social Security Administration to issue that net payment to counsel in accordance with agency policy.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.