Regina B. v. Kijakazi

Background

Regina B. sought judicial review of a Social Security Administration 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 remand under sentence four of 42 U.S.C. § 405(g). On remand, Regina B. received disability benefits, including past-due benefits.

The court had previously awarded $7,175.20 in attorney’s fees and $402 in costs under the Equal Access to Justice Act. The Social Security Administration later issued a notice awarding $67,964 in past-due benefits and withheld $16,991—25 percent of that amount—for possible attorney’s fees.

Regina B.’s fee agreement provided for a fee equal to 25 percent of past-due benefits if the court remanded or reversed the denial and she ultimately received past-due benefits. Her lawyer sought a total fee of $16,991 under 42 U.S.C. § 406(b), reduced by the $7,175.20 already awarded under the Equal Access to Justice Act, leaving a requested net payment of $9,815.80. The Commissioner stated that he neither supported nor opposed the request and did not file a response.

Reasonableness of the fee

Section 406(b) allows a court to approve a reasonable fee for a lawyer who represented a successful Social Security claimant, subject to a limit of 25 percent of the claimant’s past-due benefits. The court must independently review whether a contingency-fee award is reasonable, even when the fee agreement sets the amount.

The court considered that counsel’s representation resulted in an award of disability benefits, that counsel had not caused delay, and that counsel spent a reasonable amount of time on the case. Counsel reported at least 30.2 hours of work. After subtracting the prior Equal Access to Justice Act award, the requested net fee produced an effective hourly rate of $325.03, which the court found reasonable in light of other Social Security fee awards in the District of Minnesota.

The court also found no reason to reduce the fee because the remand was based on a stipulation. Counsel had completed 30.1 of the 30.2 claimed hours before the parties stipulated to remand.

Ruling

Judge Elizabeth Cowan Wright granted Regina B.’s request for authorization to charge a reasonable fee under 42 U.S.C. § 406(b). The court awarded counsel $16,991, reduced by the previously awarded $7,175.20, for a net total fee of $9,815.80. The Social Security Administration was ordered to pay $9,815.80 to counsel according to agency policy. When a lawyer receives fees under both the Equal Access to Justice Act and Section 406(b), the lawyer must refund the smaller fee to the claimant; the court’s net award accounted for the prior Equal Access to Justice Act payment.

Party substitution

The complaint originally named Kilolo Kijakazi, who was the Acting Commissioner when the case began. The order states that Frank Bisignano became Commissioner on May 7, 2025, and substituted him as the defendant under Federal Rule of Civil Procedure 25(d).