N.N. v. Kijakazi
- 3:23-cv-03489
- U.S. District Court · Northern District of California
- 5
In N.N. v. Bisignano, the court granted counsel’s fee motion and ordered a $11,007 refund of previously awarded fees.
N.N. receives the benefit of the fee refund; Katherine Siegfried is awarded $22,612.50 from the past-due benefits but must refund $11,007 in previously awarded Equal Access to Justice Act fees; the Commissioner must certify the § 406(b) fee.
What happened
In N.N. v. Bisignano, counsel asked for $22,612.50 in fees from $90,450 in past-due Social Security benefits. The request was based on a contingency-fee agreement allowing up to 25 percent of past-due benefits, and the Commissioner did not oppose it.
The court found the requested fee reasonable because counsel obtained benefits for N.N., spent about 52.2 hours on the case, and had not caused unreasonable delay or provided substandard representation. The court also considered the earlier $11,007 fee award under the Equal Access to Justice Act.
The court granted the motion, directed the Commissioner to certify $22,612.50 in fees payable to Katherine Siegfried, and ordered Siegfried to refund N.N. the previously awarded $11,007.
The detailed version
- N.N. v. Kijakazi · No. 3:23-cv-03489
- Oct. 8, 2025
Background
N.N. applied for disability insurance benefits under Title II of the Social Security Act. After an Administrative Law Judge denied the application, N.N. sought judicial review. In an earlier round of the case, the court reversed and remanded the matter for further administrative proceedings. After another denial, N.N. filed this action. On September 30, 2024, the court again reversed and remanded the matter.
On remand, the Commissioner granted N.N.’s application and awarded a lump sum for disability benefits covering February 2014 through March 2020. The Social Security Administration notified N.N. that the retroactive benefits totaled $90,450. N.N.’s contingency-fee agreement with Katherine Siegfried allowed counsel to receive up to 25 percent of past-due benefits. The court had previously approved $11,007 in attorney fees under the Equal Access to Justice Act.
Fee request
Siegfried moved under 42 U.S.C. § 406(b) for $22,612.50, which is 25 percent of the past-due benefits. The Commissioner did not oppose the motion. Siegfried stated that she spent approximately 52.2 hours on the case and that her current non-contingency hourly rate for unrelated appellate cases was $500. The requested fee represented an effective hourly rate of approximately $433.
Court’s analysis
Section 406(b) permits a court to award a successful Social Security claimant’s attorney a reasonable fee of up to 25 percent of past-due benefits. The court first considered the contingency-fee agreement and then independently assessed whether the requested amount was reasonable.
The court found that the 25-percent fee complied with the statutory limit. It found no evidence of substandard performance, unreasonable delay attributable to Siegfried, or a fee disproportionate to the time spent or benefits obtained. The court also found approximately 52 hours of work reasonable.
Because an attorney-fee award under § 406(b) must account for fees previously awarded under the Equal Access to Justice Act, the court ordered Siegfried to refund N.N. the $11,007 EAJA award.
Disposition
The court GRANTED counsel’s motion for attorney fees. It DIRECTED the Commissioner to certify $22,612.50 in § 406(b) fees payable to Katherine Siegfried and ORDERED Siegfried to refund N.N. the previously awarded $11,007 under the Equal Access to Justice Act.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.