Facen v. Acting Commissioner of Social Security
- Donna Ryu
- 4:18-cv-03196
- U.S. District Court · Northern District of California
- 5
In Facen v. Acting Commissioner of Social Security, Judge Ryu granted $31,127 in attorney fees and required a $9,448.73 refund from earlier Equal Access to Justice Act awards.
Jahmol Facen and his attorney, Nancy K. McCombs, are directly affected. McCombs received a $31,127 fee award and must refund Facen $9,448.73 from earlier Equal Access to Justice Act awards.
What happened
In Facen v. Acting Commissioner of Social Security, the court had remanded Jahmol Facen’s benefits case for further administrative proceedings. An Administrative Law Judge later found Facen disabled and awarded him $125,548.04 in past-due disability benefits.
Facen’s attorney, Nancy K. McCombs, requested $31,127 in fees under a law allowing fees of up to 25% of past-due Social Security benefits. The court found the request reasonable, noting the agreement, the work performed, the result obtained, and the absence of any objection.
Judge Donna Ryu granted the fee motion and awarded $31,127. McCombs must refund Facen $9,448.73, representing earlier fee awards under the Equal Access to Justice Act.
The detailed version
- Facen v. Acting Commissioner of Social Security · No. 4:18-cv-03196
- Donna Ryu
- July 23, 2021
Background
Jahmol Facen filed this action seeking review of the Social Security Administration’s decision denying his application for Supplemental Security Income disability benefits. The parties stipulated to remand the case for further administrative proceedings, and the court granted that request. On remand, an Administrative Law Judge found Facen disabled and awarded him $125,548.04 in past-due disability benefits.
Facen’s attorney, Nancy K. McCombs, moved for attorney fees under 42 U.S.C. § 406(b). The fee agreement allowed her to seek up to 25% of any past-due benefits. She requested $31,127, and agreed to refund Facen $9,448.73 in earlier fees awarded under the Equal Access to Justice Act. No party objected to the request.
Court’s Analysis
Section 406(b) allows an attorney who successfully represents a Social Security claimant in federal court to seek fees of up to 25% of past-due benefits. The court must independently review the fee request to determine whether it is reasonable, considering the quality of the representation and the result achieved. The court may reduce a requested fee for substandard work, delay, or an improper windfall. Fees awarded under section 406(b) must be offset by any Equal Access to Justice Act fee award.
McCombs reported spending 40.55 hours on this case and 27.95 hours on Facen’s earlier related case. The requested $31,127 fee equaled an effective hourly rate of $767.62 for this case and $458.20 when both cases were considered. The court nevertheless found the fee reasonable because it did not exceed 25% of the past-due benefits, the hours appeared reasonable, and the high effective hourly rate did not by itself make the contingent-fee request unreasonable. The court also found no indication that McCombs provided substandard representation and noted that she obtained a substantial benefits award for Facen.
Disposition
The court granted the motion for attorney fees and awarded McCombs $31,127. McCombs must refund Facen $9,448.73 in previously awarded Equal Access to Justice Act fees.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.