Camilli v. Saul

Background

Linda Renee Camilli’s lawyer, Helen Zane, moved for attorney’s fees under 42 U.S.C. § 406(b) for representing Camilli in her successful appeal of the Social Security Administration Commissioner’s denial of disability benefits. The Commissioner did not respond, and the deadline to do so had passed.

The court had previously granted Camilli’s motion for summary judgment, denied the Commissioner’s cross-motion for summary judgment, and remanded the case for an award of benefits. Camilli was later notified that she had been awarded disability benefits and $52,285 in past-due benefits. The Social Security Administration withheld $17,075 from that award for attorney’s fees.

Camilli’s contingency-fee agreement allowed counsel to seek up to 25% of any past-due benefits. Counsel requested $17,075, which the opinion describes as approximately 21% of the past-due benefits after accounting for the $5,900 previously awarded under the Equal Access to Justice Act. Camilli received the motion and supporting papers but did not object. The Commissioner also did not oppose the request and took no position on it.

Legal standard

Under 42 U.S.C. § 406(b), when a court enters a favorable judgment for a Social Security claimant represented by a lawyer, it may approve a reasonable fee from the claimant’s past-due benefits. The fee may not exceed 25% of those benefits.

The court must independently review a contingency-fee agreement to ensure that it produces a reasonable result. Relevant considerations include whether the lawyer provided inadequate representation, delayed the case to increase the fee, requested an excessive fee compared with the benefits achieved, or assumed substantial risk in accepting the case. A § 406(b) award must be reduced by any attorney’s-fee award previously granted under the Equal Access to Justice Act.

Analysis and ruling

The court found the requested fee reasonable. The agreement was within the 25% statutory limit, and counsel requested less than that amount. The court found no indication of inadequate performance or delay. Counsel had represented Camilli since 2018, performed substantial work, and achieved a favorable result by obtaining a remand for an award of benefits. The court also found that $17,075 was not excessive compared with the $52,285 in past-due benefits. Finally, counsel had taken substantial risk because the agency had initially denied all requested benefits, and counsel could not know that the court would remand for an award of benefits.

The court GRANTED Plaintiff’s counsel’s motion for fees. It directed the Commissioner to certify $17,075 in fees under § 406(b), payable to the Law Offices of Helen R. Zane. Counsel was ordered to refund the previously awarded $5,900 in Equal Access to Justice Act fees to Camilli.