Anthony B. v. Berryhill

Background

Anthony B. challenged the Social Security Administration’s denial of disability benefits based on a combination of mental and physical impairments, including chronic pain, neuropathy, migraines, anxiety, post-traumatic stress disorder, insomnia, cervical radiculopathy, sciatica, lumbago, and depression.

In July 2019, the court granted Anthony B.’s motion for summary judgment, denied the Commissioner’s cross-motion for summary judgment, and remanded the case for further proceedings. The court later awarded $8,000 in fees under the Equal Access to Justice Act. After the remand, an administrative law judge found Anthony B. disabled. He was awarded benefits beginning in September 2013 and $94,992 in past-due benefits for September 2013 through June 2020. The Social Security Administration withheld $23,748 from that award for attorney’s fees.

Fee Request and Legal Standard

Anthony B.’s counsel, Katherine Siegfried, moved for fees under 42 U.S.C. § 406(b) for the work performed in federal court. The contingency-fee agreement allowed counsel to seek up to 25 percent of the past-due benefits. Counsel requested $23,748, approximately 25 percent of the $94,992 award.

Section 406(b) allows a court to approve a reasonable fee for an attorney who represented a Social Security claimant in court, up to 25 percent of the claimant’s past-due benefits. The court must independently review the fee agreement for reasonableness. Relevant considerations include the quality of the representation, whether counsel delayed the case to increase fees, whether the fee is excessive compared with the benefits obtained, and the risk counsel accepted by taking the case. Any Section 406(b) award must be offset by fees previously awarded under the Equal Access to Justice Act.

Analysis

The court found the requested fee reasonable. The contingency-fee agreement stayed within the 25-percent limit. The court found no indication of substandard representation or delay intended to increase fees. It also found that counsel performed substantial work and achieved a favorable result by obtaining the remand. The requested $23,748 was not excessive compared with the $94,992 in past-due benefits, and counsel entered the agreement before filing the action, when the agency had denied the requested benefits and the outcome was uncertain.

Disposition

The court GRANTS counsel’s motion for attorney’s fees under Section 406(b). The Commissioner was directed to certify $23,748 in fees payable to the Law Offices of Katherine Siegfried. Because the Section 406(b) award must account for the earlier Equal Access to Justice Act award, counsel was ordered to refund the remaining $4,000 of that earlier award to Anthony B.