Bunn v. Berryhill

Background

The court previously granted Keishna Bunn’s motion for summary judgment and remanded her Social Security case to the Social Security Administration for further proceedings. On remand, the Commissioner awarded Bunn $72,632.56 in past-due benefits. The court had also previously awarded $3,949.80 in attorney’s fees under the Equal Access to Justice Act.

Bunn’s fee agreement with her lawyer provided for a contingency fee of 25 percent of the benefits award. Based on the amount the court treated as relevant under the agreement—$71,949.84—Bunn’s counsel requested $17,987.46 in fees under 42 U.S.C. § 406(b). The Commissioner asked the court to review whether the requested amount was reasonable, citing counsel’s multiple requests for extensions, and asked that the Equal Access to Justice Act fees be refunded to Bunn. Counsel agreed to refund those fees and to pay Bunn $500 to acknowledge the extensions.

Analysis

Section 406(b) allows a court to award a claimant’s lawyer a reasonable fee from past-due Social Security benefits, subject to a 25-percent limit. The court independently reviewed the contingency-fee request for reasonableness, considering the quality of the representation, the results obtained, any attorney-caused delay, whether the fee was disproportionate to the work performed, and the risk counsel assumed.

The court concluded that the 25-percent agreement was within the statutory limit and that the requested $17,987.46 fee was reasonable. It also found that reducing the fee request by $500 was appropriate because of the multiple extensions.

Disposition

The court granted the motion for attorney’s fees. It found that a $17,987.46 award was reasonable under Section 406(b), required Bunn’s counsel to refund the $3,949.80 in Equal Access to Justice Act fees to Bunn, and required counsel to pay Bunn $500. The resulting net fee award was $13,537.66.