M.G. v. Berryhill
- Jacquelyn Corley
- 3:19-cv-00594
- U.S. District Court · Northern District of California
- 4
In M. G. v. Berryhill, Judge Corley granted counsel $12,885.34 in fees and required a $7,200 refund to M. G.
M. G., attorney Robert Weems and Weems Law Offices, and the Commissioner of the Social Security Administration.
What happened
M. G. v. Berryhill involved attorney Robert Weems’s request for payment after representing M. G. in an appeal of the Social Security Administration’s denial of disability benefits. The case was sent back for further administrative action, and M. G. later received benefits and $51,541.26 in past-due benefits.
Weems asked for $12,885.34 under a fee agreement allowing up to 25 percent of past-due benefits. The Commissioner did not oppose the request. The court found the amount reasonable, including because there was no indication of poor representation, intentional delay, or an excessive fee.
Judge Jacquelyn Scott Corley granted the fee motion. The Commissioner was directed to certify $12,885.34 payable to Weems Law Offices, and counsel was ordered to refund the previously awarded $7,200 in Equal Access to Justice Act fees to M. G.
The detailed version
- M.G. v. Berryhill · No. 3:19-cv-00594
- Jacquelyn Corley
- Nov. 24, 2020
Background
M. G. appealed the Social Security Administration’s denial of disability benefits based on multiple mental impairments and physical conditions, including depression, anxiety, schizophrenia, stomach pain, and back pain. On September 10, 2019, the court approved the parties’ agreement to send the case back to the agency because the Commissioner determined that inconsistencies in the record required further administrative action.
On April 6, 2020, the court awarded M. G.’s counsel $7,200 under the Equal Access to Justice Act, a federal statute that allows certain attorney-fee awards against the government. After the remand, M. G. was awarded disability benefits for 2015 through 2020 and $51,541.26 in past-due benefits. Counsel then sought $12,885.34 under 42 U.S.C. § 406(b), based on a fee agreement allowing counsel to request up to 25 percent of the past-due benefits. The Commissioner did not oppose the motion.
Legal standard
Section 406(b) permits a court to award a reasonable fee to an attorney who represented a Social Security claimant in court. The fee cannot exceed 25 percent of the claimant’s past-due benefits. The court must independently review the fee agreement to determine whether the requested amount is reasonable, considering the quality of the representation, the results achieved, any delay by counsel, and whether the fee is excessive compared with the benefits obtained.
An award under Section 406(b) must be reduced by any attorney fees previously awarded under the Equal Access to Justice Act. That reduction is accomplished by counsel refunding the earlier Equal Access to Justice Act award to the claimant.
Analysis and ruling
The court found the requested $12,885.34 reasonable. The fee agreement stayed within the 25-percent statutory limit. The court found no indication of substandard representation or intentional delay to increase fees. Although counsel had been ordered to explain why the case should not be dismissed after missing a deadline for filing M. G.’s summary-judgment motion, counsel responded and filed the motion within the deadline set by the court’s order.
The court also found that $12,885.34 was not excessive compared with the $51,541.26 in past-due benefits. It further found that counsel had accepted a substantial risk of receiving no fee because, when the agreement was made, the agency had denied all requested benefits and counsel could not know that the case would be remanded.
The court vacated the scheduled hearing and granted the motion for attorney’s fees. It directed the Commissioner to certify $12,885.34 under Section 406(b), payable to Weems Law Offices. It also ordered counsel to refund the previously awarded $7,200 in Equal Access to Justice Act fees to M. G.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.