Ona v. Saul

Background

Marites Ona asked the court to review the Social Security Commissioner’s decision denying benefits. On May 19, 2021, the court approved the parties’ agreement to send the case back for further proceedings. The court also approved $5,000 in attorney’s fees under the Equal Access to Justice Act, a law that allows certain fees to be paid by the government.

After the case was sent back, the Commissioner approved Ona’s application and awarded $55,925 in past-due benefits. Ona’s lawyer, Katherine R. Siegfried, then sought $13,981 under Section 206(b) of the Social Security Act, 42 U.S.C. § 406(b). The requested amount represented 25% of the past-due benefits, as provided in the contingent-fee agreement and permitted by the statute.

Court’s analysis

The court explained that Section 406(b) allows a federal court to award a reasonable fee to a lawyer who represented a claimant in court, up to 25% of the claimant’s past-due benefits. The court must independently check whether the requested amount is reasonable, considering the quality of the representation and the results achieved.

The court found that Siegfried met that burden. There was no evidence of poor performance, and her representation resulted in Ona receiving $55,925 in past-due benefits. Siegfried stated that she spent 25 hours on the case. Although the resulting effective hourly rate of $559.24 was higher than her stated standard rate of $500 for unrelated appellate cases, the court found the requested fee reasonable in light of the contingent nature of the representation and the risk of not being paid.

Disposition

The court GRANTED counsel’s motion for attorney’s fees. It directed the Commissioner to certify $13,981 in fees under Section 406(b), payable to Katherine Siegfried. Because Ona’s lawyer had already received $5,000 under the Equal Access to Justice Act, the court ORDERED counsel to refund that $5,000 to Ona.