Norris v. Saul

Background

Rosette Norris filed this Social Security case in June 2019, challenging an administrative law judge’s denial of her disability benefits. In October 2019, she moved for summary judgment. In December 2019, the parties stipulated to a voluntary remand under sentence six of 42 U.S.C. § 405(g), which sent the matter back for further administrative proceedings.

On remand, an administrative law judge found Norris disabled. Her past-due benefits totaled $42,235. The Social Security Administration withheld $10,558.75 for attorney’s fees, equal to 25 percent of the past-due benefits. The administrative law judge later awarded Norris’s counsel $5,394 for work performed at the administrative level. Counsel sought the remaining $5,164.75 for work performed in the federal-court litigation. Norris and her counsel had a contingent-fee agreement allowing fees of up to 25 percent of her past-due benefits.

Fee analysis

The court reviewed the request under 42 U.S.C. § 406(b), which allows a court to award a reasonable fee for successful representation in court, subject to a 25-percent limit on the claimant’s past-due benefits. The court considered the contingent-fee agreement first, as required by the cited precedent, and found no reason to reduce the requested amount based on inadequate representation, improper delay, or a windfall.

The court also considered the lodestar calculation—the hours worked multiplied by an hourly rate—but only as an aid in evaluating reasonableness. Awarding the full request would produce an effective hourly rate of approximately $157. Even if the claimed hours were reduced by about 25 percent, the effective rate would be approximately $207. The court found that rate reasonable in light of the work performed and the success achieved.

Ruling

Judge Edward M. Chen granted Plaintiff’s counsel’s motion for attorney’s fees. Counsel was awarded $5,164.75 under § 406(b), and the order disposed of Docket No. 28.