Regina B. v. Kijakazi

Background

Regina B. filed the case seeking judicial review of a final decision denying her application for Disability Insurance Benefits. The parties later agreed to send the case back to the Social Security Administration, and the court ordered that return under sentence four of 42 U.S.C. § 405(g). After the return, Regina B. was awarded benefits, including past-due benefits.

The court had previously awarded $7,175.20 in attorney’s fees and $402.00 in costs under the Equal Access to Justice Act. A February 17, 2025 Notice of Award stated that Regina B. was entitled to $67,964.00 in past-due benefits and that the Social Security Administration had withheld 25 percent, or $16,991.00, for legal expenses.

Fee request and analysis

Regina B.’s counsel sought approval of a contingent fee under 42 U.S.C. § 406(b). The fee agreement provided for 25 percent of past-due benefits if the court returned the case to the agency and the claimant ultimately received past-due benefits. Counsel sought a total fee of $16,991.00, less the $7,175.20 previously awarded under the Equal Access to Justice Act, resulting in a requested net payment of $9,815.80.

The court explained that a fee under Section 406(b) may not exceed 25 percent of past-due benefits and that the court must independently determine whether the requested fee is reasonable. Counsel reported at least 30.2 hours of work, producing an effective hourly rate of $325.03 for the requested net fee. The court considered the favorable disability-benefit result, the time spent, the absence of attorney-caused delay, and the fact that counsel had completed 30.1 of the 30.2 claimed hours before the agreed return to the agency.

The court found no reason to reduce the fee because the return to the agency occurred by agreement. It also explained that when fees are awarded under both the Equal Access to Justice Act and Section 406(b), the attorney must return the smaller fee to the claimant. The court therefore approved the full 25-percent fee and awarded the net amount after subtracting the earlier Equal Access to Justice Act award.

Order

The court GRANTED Regina B.’s request for authorization to charge a reasonable fee under 42 U.S.C. § 406(b). It AWARDED counsel $16,991.00, reduced by $7,175.20, for a net total fee of $9,815.80. It also ordered the Social Security Administration to issue payment to counsel in the amount of $17,878.68 in accordance with agency policy.

The opinion’s footnote states that Frank Bisignano replaced Kilolo Kijakazi as the named defendant because Bisignano became Commissioner of Social Security on May 7, 2025.