Jaime C. v. Saul

Background

Jaime C. challenged the Social Security Administration’s denial of disability benefits based on physical and mental impairments, including back and hip injuries, depression, anxiety, and insomnia. On March 9, 2022, the court granted Jaime C.’s motion for summary judgment, denied the Commissioner’s motion, and remanded the matter for calculation and payment of benefits.

After remand, Jaime C. was awarded disability benefits beginning in November 2008. His children also received separate awards on his behalf. The fee agreement allowed counsel to seek up to 25 percent of the past-due benefits awarded to Jaime C. and his children. Counsel requested $55,387.13 under 42 U.S.C. § 406(b), which permits a court to approve a reasonable fee for a lawyer who represented a Social Security claimant in court, subject to a 25-percent limit on past-due benefits.

The request reflected a deduction for $8,701.60 in additional fees counsel could have sought under the Equal Access to Justice Act, or EAJA. Counsel also agreed to refund $20,206.70 in EAJA fees previously received for representing Jaime C. in his first two appeals. The Commissioner filed an untimely response arguing that the requested fee exceeded the 25-percent limit. The court explained that this argument did not account for the separate benefits awarded to Jaime C.’s children and the amounts withheld from those awards.

Analysis

The court reviewed the contingency-fee agreement for reasonableness. It found that the agreement stayed within the statutory 25-percent ceiling, and it found no evidence of substandard representation or delay intended to increase the fee. Counsel had represented Jaime C. through three appeals over nine years, and the representation ultimately produced a remand for an award of benefits.

The court also found that $55,387.13 was not excessive in relation to the benefits obtained. The amount was less than the 25 percent specified by the Social Security Administration because counsel deducted the additional EAJA fees he could have sought. The court further found that counsel had accepted a substantial risk of receiving no fee because the agency had initially denied all requested benefits.

Disposition

The court GRANTED Plaintiff’s counsel’s motion for fees. It directed the Commissioner to certify $55,387.13 in fees under 42 U.S.C. § 406(b), payable to the Weems Law Offices. It also ordered Plaintiff’s counsel to refund $20,206.70 in previously awarded EAJA fees to Jaime C. Judge Jacqueline Scott Corley signed the order.