Robinson v. Commissioner of Social Security
- Stewart Aaron
- 1:18-cv-04515
- U.S. District Court · Southern District of New York
- 4
In Robinson v. Commissioner, Judge Aaron granted counsel’s $10,296 fee request, requiring a $1,600 refund of earlier fees to Henry Robinson.
Henry Robinson and his attorney, Howard D. Olinsky, were affected. Olinsky received a $10,296 fee award and was required to refund $1,600 to Robinson; the Commissioner took no position on the motion.
What happened
In Robinson v. Commissioner of Social Security, Henry Robinson’s attorney represented him in the federal court case reviewing the denial of his applications for disability benefits. Robinson later received past-due benefits totaling $91,332.
The attorney asked for $10,296 under a fee agreement allowing up to 25% of Robinson’s past-due benefits. A representative had already received $12,537 for agency-level work, and the attorney had previously received $1,600 under a separate law allowing fees for work against the government.
Judge Stewart D. Aaron granted the amended fee motion and awarded $10,296. The judge ordered the attorney, after receiving that amount, to refund the previously paid $1,600 to Robinson.
The detailed version
- Robinson v. Commissioner of Social Security · No. 1:18-cv-04515
- Stewart Aaron
- July 17, 2025
Background
Attorney Howard D. Olinsky represented Henry Robinson in this action seeking judicial review of the Commissioner of Social Security’s decision denying Robinson’s applications for Disability Insurance Benefits and Supplemental Security Income. The case was referred to the Social Security Administration for further proceedings under a court-approved stipulation, and Robinson was later awarded benefits.
Robinson and Attorney Olinsky had a contingency-fee agreement providing that the attorney would receive 25% of the past-due benefits awarded to Robinson and his family if the case succeeded. The July 4, 2021 Notice of Award identified $91,332 in Robinson’s past-due benefits for March 2014 through May 2021. Twenty-five percent of that amount was $22,833.
A representative who handled the agency-level proceedings received $12,537. Attorney Olinsky therefore sought the remaining $10,296 under 42 U.S.C. § 406(b). Attorney Olinsky had also previously received $1,600 under the Equal Access to Justice Act, a law authorizing certain attorney-fee awards for work against the government. The Commissioner took no position on the amended motion.
Court’s analysis
The court explained that, when a valid contingency-fee agreement exists, it must independently review the arrangement to ensure that the result is reasonable. Federal law limits the fee to 25% of the claimant’s past-due benefits and requires the court to assess whether the fee is reasonable.
The court considered whether the requested percentage was within the 25% limit, whether there was fraud or overreaching in forming the agreement, whether the fee was out of line with the representation and results achieved, whether the attorney caused delay, and whether the fee would be an improper windfall compared with the time spent. The court found that the requested fee was within the 25% cap, found no evidence or suggestion of fraud or overreaching, and concluded that the award would not be a windfall.
Ruling
Judge Stewart D. Aaron granted Attorney Olinsky’s amended motion for attorney’s fees. Attorney Olinsky was awarded $10,296, but the court ordered that, upon receiving that amount, he refund the previously paid $1,600 in Equal Access to Justice Act fees directly to Robinson.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.