Lieberman v. Bisignano
- Nelson Roman
- 7:19-cv-02870
- U.S. District Court · Southern District of New York
- 4
In Lieberman v. Bisignano, Judge Roman granted counsel’s fee motion, awarding $123,203 from past-due benefits and ordering a $17,250 refund.
Lisa Lieberman and her attorney, Christopher J. Bowes; the ruling determines the attorney fee paid from Lieberman’s past-due Social Security benefits and requires Bowes to refund $17,250.
What happened
In Lisa Lieberman v. Frank Bisignano, Lisa Lieberman had previously succeeded in challenging the denial of her Social Security disability benefits and was found disabled as of December 2006. The Social Security Administration withheld approximately 25% of her past-due benefits, or $123,203, for attorney’s fees.
Her lawyer, Christopher J. Bowes, asked the court to approve reasonable fees under federal law and a contingency-fee agreement. Magistrate Judge Andrew E. Krause recommended granting the request. Neither side objected to that recommendation, so the court reviewed it for clear error.
Judge Nelson S. Roman found no clear error, adopted the recommendation in full, and granted the attorney-fee motion. The court awarded Bowes $123,203 from Lieberman’s past-due benefits, less any fees he had already received, and ordered him to refund Lieberman $17,250.
The detailed version
- Lieberman v. Bisignano · No. 7:19-cv-02870
- Nelson Roman
- Sept. 8, 2025
Background
Lisa Lieberman brought the underlying action under 42 U.S.C. § 405(g), challenging the Commissioner of Social Security’s denial of her application for Social Security disability benefits. After what the court described as protracted litigation, Lieberman prevailed and was found disabled under the Social Security Act as of December 2006.
The Social Security Administration’s March 5, 2025 Notice of Award stated that approximately 25% of Lieberman’s past-due benefits—$123,203—had been withheld for attorney’s fees. Lieberman had retained Christopher J. Bowes under a contingency agreement. Bowes moved under 42 U.S.C. § 406(a) for approval of reasonable legal fees.
Magistrate Judge’s Recommendation and Review
The district court referred the fee motion to Magistrate Judge Andrew E. Krause, who recommended that the motion be granted. Neither Lieberman nor the Commissioner filed objections within the applicable period. The district court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the record.
The court explained that contingency fees in Social Security cases are capped at 25% of past-due benefits and must be reasonable. In evaluating reasonableness, courts consider whether the agreement involved overreaching or fraud, whether the fee matches the nature of the representation and the result achieved, whether the attorney caused delay, and whether the fee would be an improper windfall compared with the time spent.
Ruling
The court found no clear error in Magistrate Judge Krause’s analysis and adopted the recommendation in its entirety. The court granted Plaintiff’s counsel’s motion seeking reasonable attorney’s fees. It awarded Bowes $123,203, to be paid from Lieberman’s past-due benefits withheld by the Social Security Administration, less any fees previously received from Lieberman. The court also ordered Bowes to refund Lieberman $17,250 in fees received for litigating the underlying action and this action. The clerk was directed to terminate the fee motion.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.