J.M.V. v. Commissioner of Social Security
- Joseph Spero
- 3:23-cv-03640
- U.S. District Court · Northern District of California
- 4
In J.M.V. v. Commissioner, Judge Spero granted counsel $11,000 under Social Security fee law and ordered the earlier $7,500 government-paid fee sent to J.M.V.
Francesco Benavides was awarded $11,000 in fees for his federal-court work, and J.M.V. was ordered to receive the previously awarded $7,500 in Equal Access to Justice Act fees.
What happened
In J.M.V. v. Commissioner of Social Security, Francesco Benavides represented J.M.V. under a contingency-fee agreement. The Commissioner agreed to send the case back for further proceedings, and J.M.V. later received $73,386 in past-due benefits.
Benavides asked for $11,000 for work performed in federal court. The court found that amount reasonable because it was allowed by the fee agreement, the attorney documented 29.9 hours of work, and there was no evidence of poor performance or an excessive fee.
Judge Spero granted the motion and awarded Benavides $11,000 under the federal Social Security fee statute. The court also ordered that the previously awarded $7,500 fee under the Equal Access to Justice Act be paid to J.M.V.
The detailed version
- J.M.V. v. Commissioner of Social Security · No. 3:23-cv-03640
- Joseph Spero
- Nov. 28, 2025
Background
Francesco Benavides represented J.M.V. in this Social Security case under a contingency-fee agreement. The agreement provided that counsel would receive 25% of any past-due benefits J.M.V. received as a result of the action.
J.M.V. filed a motion for summary judgment, and the Commissioner stipulated to a remand for further proceedings. On December 20, 2023, the court approved a stipulated $7,500 attorney-fee award under the Equal Access to Justice Act, commonly called the EAJA.
On November 2, 2025, the Social Security Administration issued a notice stating that it had awarded J.M.V. $73,386 in past-due benefits and withheld $18,346.50 for attorney fees. Benavides then sought $11,000 under 42 U.S.C. § 406(b) for his work before the court. He submitted time records showing 29.9 attorney hours. The requested award would equal $367.89 per billed hour.
Legal standard
Section 406(b) allows a court to approve a reasonable fee for an attorney who represented a successful Social Security claimant in court. The fee may not exceed 25% of the claimant’s past-due benefits. Under the Supreme Court’s approach, the court first considers the contingency-fee agreement and then tests the requested fee for reasonableness. The court may reduce a fee for poor representation, delay, or a fee that is disproportionate to the time spent.
EAJA fees and Section 406(b) fees may both be awarded, but the attorney must return the smaller fee to the claimant. The court described the EAJA award as offsetting the Section 406(b) award so that the claimant receives all of the past-due benefits.
Court’s analysis and ruling
The court found the $11,000 request reasonable. It determined that Benavides had provided a valid contingency-fee agreement and reasonable time records. It also found no evidence that his work was substandard or that the requested fee was disproportionate to the work performed. The court noted that the effective hourly rate of $367.89 was within the range approved in other Section 406(b) cases and that counsel obtained an excellent result while accepting the risk of contingency representation.
The court granted the motion and awarded Benavides $11,000 in attorney fees under Section 406(b). It ordered that the previously awarded $7,500 in EAJA fees be paid to J.M.V.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.