Raab v. Berryhill
- Yvonne Rogers
- 4:18-cv-04041
- U.S. District Court · Northern District of California
- 3
In Raab v. Berryhill, Judge Rogers granted counsel $12,081.25 in Social Security fees and ordered a $10,500 EAJA refund to Staci R. Raab.
Staci R. Raab receives the benefit of the $10,500 refund, while her counsel receives the approved $12,081.25 fee from her past-due Social Security benefits.
What happened
In Raab v. Berryhill, Staci R. Raab asked the court to approve $12,081.25 in attorney fees for work performed in her Social Security disability case. The court had previously ruled for her and sent the case back for calculation and payment of benefits.
The court found the fee reasonable because it was within the 25% limit in Raab’s agreement, counsel provided excellent and diligent representation, and the fee did not amount to an excessive payment. The court granted the motion and awarded counsel $12,081.25.
Judge Yvonne Gonzalez Rogers also ordered counsel to refund Raab the $10,500 previously awarded under the Equal Access to Justice Act because that amount was smaller than the new fee award.
The detailed version
- Raab v. Berryhill · No. 4:18-cv-04041
- Yvonne Rogers
- Oct. 27, 2020
Background
Staci R. Raab moved for an attorney-fee award of $12,081.25 under 42 U.S.C. § 406(b), which permits a court to approve reasonable fees for an attorney’s work in federal court in a Social Security case. In June 2019, the court had granted Raab’s motion for summary judgment concerning the denial of Social Security disability benefits and remanded the case for calculation and award of benefits consistent with the court’s decision.
Raab later received a notice concerning past-due benefits. Her contingent-fee agreement provided for attorney fees of up to 25% of those benefits. The agency withheld $18,081.25 for potential attorney fees, while counsel requested $12,081.25 under § 406(b). Counsel had billed 56.75 hours.
Court’s analysis
The court explained that a contingent-fee agreement is the starting point for determining a reasonable § 406(b) fee, but the court must independently review the requested amount. A court may reduce the fee for inadequate performance, unreasonable delay, or a fee that is disproportionate to the time spent on the case. An hourly calculation may help assess reasonableness but is not the primary method of determining the fee.
The court found that the requested fee did not exceed the 25% limit. It also found that counsel provided excellent, thorough, and diligent representation, obtained an excellent result, did not unreasonably delay seeking review, and did not receive an improper windfall given the time and risk involved. The resulting effective hourly rate was $212.88, which the court found reasonable.
The court also addressed the $10,500 in fees previously awarded under the Equal Access to Justice Act. When both types of fees are awarded, counsel must refund the smaller amount to the claimant so that the claimant receives the full past-due-benefit award. Because the EAJA award was smaller, counsel had to refund $10,500 to Raab.
Disposition
The court GRANTS the motion for attorney fees. It awards counsel $12,081.25 under § 406(b) and orders that $10,500 previously awarded under the Equal Access to Justice Act be refunded to Staci R. Raab.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.