Jacqlyn S. v. Kijakazi
- Jacquelyn Corley
- 3:21-cv-04248
- U.S. District Court · Northern District of California
- 4
Jacqlyn S. v. Bisignano: Judge Corley granted counsel’s request for $31,943 in Social Security fees and required refund of $8,500.99 in earlier fees.
Jacqlyn S. and her attorney, Harvey Sackett; the Commissioner was directed to certify the fee payment, and counsel must refund the earlier Equal Access to Justice Act award to Jacqlyn S.
What happened
In Jacqlyn S. v. Frank Bisignano, the court considered counsel’s request for fees for representing Jacqlyn S. in her successful challenge to the denial of disability benefits. The Social Security Administration later found her disabled and awarded past-due benefits.
The court found the requested $31,943 reasonable under the law allowing fees of up to 25 percent of past-due benefits. It considered the contingency-fee agreement, counsel’s work and results, the lack of delay or poor performance, and the risk counsel had taken.
Judge Jacqueline Scott Corley granted the motion. The Commissioner was directed to certify $31,943 payable to Sackett and Associates, and counsel was ordered to refund $8,500.99 in previously awarded Equal Access to Justice Act fees to Jacqlyn S.
The detailed version
- Jacqlyn S. v. Kijakazi · No. 3:21-cv-04248
- Jacquelyn Corley
- Sept. 23, 2025
Background
Jacqlyn S. challenged the Social Security Administration’s denial of disability benefits for physical and mental impairments. In July 2022, the court granted her motion for summary judgment, denied the Commissioner’s motion, and sent the matter back to the agency for further proceedings. The court later awarded counsel $8,500.99 under the Equal Access to Justice Act.
After the remand, the agency found Jacqlyn S. disabled and awarded her $144,187.70 in past-due benefits. The agency withheld $36,046.93 for attorney’s fees, an amount equal to 25 percent of the past-due benefits. Under the contingency-fee agreement, counsel could seek up to 25 percent, and counsel requested $31,943 for work performed in federal court. The Commissioner took no position on the request.
Legal standard
Under 42 U.S.C. § 406(b), a court may approve a reasonable fee for an attorney who represented a Social Security claimant in court after the claimant receives a favorable judgment. The fee may not exceed 25 percent of the claimant’s past-due benefits. The court must independently review the contingency-fee agreement to ensure that it produces a reasonable result. Relevant considerations include the quality of the representation, the results achieved, whether counsel delayed the case to increase the fee, whether the fee is excessive compared with the benefits obtained, and the risk counsel assumed. Any Section 406(b) award must be offset by fees previously awarded under the Equal Access to Justice Act.
Court’s analysis
The court found the requested fee reasonable. The fee agreement stayed within the 25-percent statutory limit. The court found no indication of substandard performance or intentional delay. Instead, counsel performed substantial work and achieved a favorable result by obtaining a remand that ultimately led to an award of benefits.
The court also found that $31,943 was not excessive compared with the past-due benefits. Finally, it found that counsel had assumed substantial risk because the agency had initially denied all requested benefits, and counsel could not know that the court would grant summary judgment and order a remand.
Disposition
The court granted counsel’s motion for attorney’s fees under Section 406(b). It directed the Commissioner to certify $31,943 payable to Sackett and Associates. Counsel was ordered to refund the previously awarded $8,500.99 in Equal Access to Justice Act fees to Jacqlyn S. The order disposed of Docket No. 26.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.