Frank T. v. Bisignano

Background

On March 18, 2025, the court remanded Frank T.’s Social Security case to the Social Security Administration for further proceedings. The court had previously awarded Frank T. $9,500 in attorney’s fees under the Equal Access to Justice Act, based on the parties’ agreement.

After the remand, an administrative law judge determined that Frank T. was eligible for Supplemental Security Income benefits as of October 2020. The Social Security Administration issued a notice stating that he was owed $58,056 in past-due benefits. Frank T. then moved for attorney’s fees under 42 U.S.C. § 406(b). The Social Security Administration did not support or oppose the requested award.

Section 406(b) fee request

Section 406(b) allows a court to award a reasonable fee to a successful Social Security claimant’s lawyer for work performed in court, subject to a maximum of 25 percent of the claimant’s past-due benefits. The court must independently review the request to determine whether the fee is reasonable.

Frank T. requested $14,514, which was exactly 25 percent of his $58,056 in past-due benefits. His fee agreement required payment of 25 percent of any past-due benefits awarded for his lawyer’s services. The court found no indication that counsel caused delay or provided inadequate representation. Counsel had spent 57.8 hours on the case, making the requested award an effective hourly rate of $251.11, which the court found did not represent an improper windfall.

Ruling

The court concluded that the $14,514 fee was reasonable and granted Frank T.’s motion. Because Frank T. had already received a $9,500 fee award under the Equal Access to Justice Act, the court reduced the Section 406(b) award by that amount. The order awarded counsel a net fee of $5,014, to be paid from Frank T.’s past-due benefits.