Ebido v. Saul

Background

Cecilia Ebido appealed the Commissioner of Social Security’s denial of her disability-benefits claim. After Ebido filed a motion for summary judgment, the parties agreed to send the case back for further proceedings. The court approved that agreement and entered judgment. The parties later agreed to an award of $5,700 in attorney’s fees under the Equal Access to Justice Act, or EAJA.

On remand, Ebido was awarded past-due benefits and ongoing benefits. The Social Security Administration withheld $17,756.53 from the past-due benefits, representing 25% of those benefits, to make funds available for a possible attorney’s-fee award. Ebido and her attorney, Jerron Harding, had a contingent-fee agreement allowing counsel to seek up to 25% of past-due benefits awarded after a remand.

Fee request

Harding requested $17,756.53 under 42 U.S.C. § 406(b), based on 29.4 hours of work in the district-court proceedings. The government took no position on the petition but stated that, if the court approved the request, counsel should refund the $5,700 EAJA payment to Ebido.

Section 406(b) permits a court to award a reasonable attorney’s fee from a claimant’s past-due benefits when the claimant received a favorable judgment and was represented by an attorney. The court considered the fee agreement, the 25% limit, counsel’s work, the favorable result, and the effective hourly rate of approximately $604. The court noted that courts in the circuit had approved higher effective hourly rates in other Section 406(b) cases.

Ruling

Judge Susan Van Keulen found that nothing in the record showed substandard work or delay intended to increase the fee. The court concluded that the requested amount was reasonable and ordered:

1. Counsel’s motion for attorney’s fees under Section 406(b) was granted in the amount of $17,756.53. 2. Counsel was ordered to refund Ebido $5,700, the amount previously awarded under EAJA.