Milburne v. Bisignano

Background

Nakesha Milburne’s attorney, Eddy Pierre Pierre, moved for attorney’s fees under Section 406(b) of the Social Security Act. Milburne’s written contingency-fee agreement allowed counsel to receive up to 25% of her past-due benefits if the litigation succeeded. The Social Security Administration stated that it was withholding $16,800.25, equal to 25% of those benefits, for approved attorney’s fees.

Counsel had previously received $7,100 in fees under the Equal Access to Justice Act. The Social Security case had resulted in a remand to the agency for further proceedings. After the remand, an administrative law judge found that Milburne was disabled and entitled to benefits.

Timeliness

The report explained that fee motions under Section 406(b) generally must be filed within 14 days after notice of the benefits award, with the deadline potentially extended under equitable tolling or excusable neglect. The benefits notice was dated September 8, 2025, and counsel presumptively received it three days later. Counsel filed the fee motion on September 24, two days after the filing period had expired.

Counsel attributed the delay to a calendaring error and being out of the office. The report recommended extending the filing period because the motion was filed promptly after counsel learned of the oversight.

Reasonableness of the Fee

The report found the requested fee reasonable. It was within the statutory 25% cap, and the record contained no evidence or suggestion of fraud or overreaching. Counsel had reviewed an 889-page administrative record, filed a 26-page legal memorandum, obtained a remand, and ultimately achieved a favorable benefits result.

The report also found no indication that counsel caused unreasonable delay. Counsel and staff devoted a combined 36.96 hours to the case, including 29.37 attorney hours and 7.59 paralegal hours. The requested fee produced an effective hourly rate of $572.02, which the report found consistent with approved rates in similar cases and appropriately reflective of the risk involved in contingency representation.

Recommendation and Procedure

Judge Aaron recommended that the motion for attorney’s fees be granted, that counsel be awarded $16,800.25, and that counsel refund $7,100 directly to Milburne after receiving the Section 406(b) fee. The refund represents the smaller fee previously paid under the Equal Access to Justice Act.

This document is a report and recommendation to Judge John G. Koeltl, not the final ruling identified in the text. The parties were given 14 days after service to file objections; the report states that failure to object within that period would waive objections and prevent appellate review.