Falconer v. Commissioner
- Thomas Hixson
- 3:23-cv-06322
- U.S. District Court · Northern District of California
- 4
In Melanie Falconer v. SSA Commissioner, Magistrate Judge Hixson granted counsel’s request for $23,585.75 in Social Security attorney’s fees.
Melanie Falconer’s past-due Social Security benefits and her attorney, Katherine R. Siegfried, are affected. The Commissioner must certify $23,585.75 in section 406(b) fees payable to Siegfried, and counsel must refund $10,500 in EAJA fees to Falconer.
What happened
In Melanie Falconer v. SSA Commissioner, the court had previously sent Falconer’s benefits case back for further proceedings, after which the Commissioner awarded her disability benefits. Her attorney, Katherine R. Siegfried, asked for $23,585.75 under a law allowing fees from past-due benefits.
The court found the requested fee reasonable because it matched the 25% contingent-fee agreement, the representation produced benefits, and the effective hourly rate was consistent with the risk of handling the case on contingency. The Commissioner was directed to certify the $23,585.75 fee.
Magistrate Judge Thomas S. Hixson also ordered counsel to refund Falconer $10,500 in previously awarded Equal Access to Justice Act fees. The opinion’s background states that the earlier Equal Access to Justice Act award was $10,701, creating an unexplained discrepancy.
The detailed version
- Falconer v. Commissioner · No. 3:23-cv-06322
- Thomas Hixson
- Mar. 13, 2026
Background
Melanie Falconer sued for review of the Social Security Commissioner’s decision denying her benefits. On August 1, 2024, the court remanded the case for further proceedings. On remand, the Commissioner granted Falconer’s application and awarded disability benefits.
The court later approved attorney’s fees and costs under the Equal Access to Justice Act (EAJA) in the amount of $10,701, according to the background section. Falconer’s attorney, Katherine R. Siegfried, then moved for $23,585.75 under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b). The requested amount represented 25% of Falconer’s past-due benefits and matched the contingent-fee agreement.
Legal Standard
Section 406(b) allows a federal court that enters a favorable judgment for a represented Social Security claimant to award the attorney a reasonable fee of up to 25% of the claimant’s past-due benefits. The court must independently check whether the requested fee is reasonable, considering the contingent-fee agreement, the quality and results of the representation, the time spent, and the risk of nonpayment. A fee awarded under section 406(b) must be coordinated with any EAJA award; counsel must refund the smaller fee to the claimant.
Court’s Analysis
The court found that Siegfried met her burden to show that the requested fee was reasonable. The 25% fee was within the statutory limit, and there was no evidence that her performance was inadequate. Her representation resulted in Falconer receiving past-due benefits.
Siegfried stated that she spent 48.1 hours on the case and that the requested fee produced an effective hourly rate of $490.35. The court noted that this was consistent with her stated non-contingency hourly rate of $500 for appellate cases unrelated to Social Security. The court also considered the substantial risk involved in representing Social Security disability claimants on a contingency-fee basis.
Disposition
The court GRANTS counsel’s motion for attorney’s fees. It directs the Commissioner to certify $23,585.75 in section 406(b) fees, payable to Katherine Siegfried. Counsel is ORDERED to refund $10,500 in EAJA fees to Falconer.
The opinion contains an apparent inconsistency: its background says the EAJA award was $10,701, while the discussion and conclusion direct a refund of $10,500. The opinion does not explain the difference.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.