Anisetty v. Commissioner
- Thomas Hixson
- 3:24-cv-00306
- U.S. District Court · Northern District of California
- 5
In Anisetty v. SSA Commissioner, Judge Hixson granted counsel’s motion for $16,037 in Social Security fees from past-due benefits after a favorable remand.
Josephine Gerrard may recover $16,037 from Sathish Anisetty’s past-due Social Security benefits, and the Commissioner must disburse those benefits consistently with the order.
What happened
In Sathish Anisetty v. SSA Commissioner, the court had remanded Anisetty’s Social Security benefits case for further proceedings, and the Commissioner later approved his application and awarded $140,150 in retroactive benefits. Anisetty’s attorney, Josephine Gerrard, then requested attorney’s fees under the Social Security Act.
Gerrard sought $16,037 under a contingent-fee agreement allowing fees of up to 25% of past-due benefits. That maximum would have been $35,037.50, but the requested amount deducted two earlier awards totaling $19,000 under the Equal Access to Justice Act. The government did not object, and Anisetty did not file an objection.
Judge Hixson ruled that the requested fee was reasonable and granted the motion. The order allows Gerrard to recover $16,037 from Anisetty’s past-due benefits and orders the Commissioner to disburse those benefits consistently with the order.
The detailed version
- Anisetty v. Commissioner · No. 3:24-cv-00306
- Thomas Hixson
- Nov. 21, 2025
Background
Sathish Anisetty brought this case and an earlier related case seeking judicial review of the Social Security Commissioner’s decision denying benefits. The court remanded the matters for further proceedings. The parties also obtained attorney’s-fee awards under the Equal Access to Justice Act (EAJA), totaling $19,000: $8,500 in the earlier related proceeding and $10,500 in this case.
After the remand, the Commissioner approved Anisetty’s application and awarded $140,150 in retroactive benefits. Anisetty and his attorney, Josephine Gerrard, had a contingent-fee agreement under which Anisetty agreed to pay up to 25% of past-due benefits. That maximum would have been $35,037.50. Gerrard requested $16,037 under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), arguing that the amount represented the maximum contingent fee less the $19,000 in EAJA awards.
The government stated that it had no direct financial interest in the motion and did not object. Anisetty did not object before the deadline passed.
Legal standard
Section 406(b) allows a court to approve a reasonable fee for an attorney who represented a Social Security claimant in court. The fee may not exceed 25% of the claimant’s past-due benefits. The court must independently review a contingent-fee agreement to ensure that it produces a reasonable result.
In reviewing reasonableness, the court may consider the quality of the representation, whether the attorney delayed the case to increase the fee, whether the requested fee is excessive compared with the benefits obtained, and the risk the attorney assumed by accepting the case. Section 406(b) fees must also be coordinated with EAJA fees.
Court’s analysis
The court found the requested fee reasonable. The contingent-fee agreement was within the 25% statutory limit, and the total potential fee of $35,037.50 was not excessive compared with the $140,150 benefits award. The court found no indication that Gerrard’s performance was inadequate or that she delayed the proceedings to increase the fee. It also found that counsel had performed substantial work, obtained a remand, and achieved a favorable benefits result for Anisetty.
The court further found that counsel had assumed a substantial risk of not recovering fees when accepting the case. Although the usual approach would be to award the full $35,037.50 under section 406(b) and require counsel to refund the $19,000 EAJA award to Anisetty, Gerrard instead asked the court to award only $16,037 without requiring a refund. The court found that approach permissible and noted that the government did not object.
Ruling
Judge Thomas S. Hixson granted counsel’s motion for attorney’s fees. Josephine Gerrard may recover $16,037 from Anisetty’s past-due benefits. The order also directs the Commissioner to disburse Anisetty’s past-due benefits in a manner consistent with the order.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.