James P. v. Saul

Background

Plaintiff’s counsel, Harvey Sackett, moved under 42 U.S.C. § 406(b) for attorney’s fees for representing James P. in his successful appeal of the Social Security Administration Commissioner’s denial of Social Security disability benefits. Sackett requested $31,000 as compensation for 19.9 hours of work on the action.

Fee review

The court explained that Section 406(b) requires an independent review of contingency-fee agreements to ensure that they produce reasonable results. The review may consider the quality of the representation, whether counsel delayed the case to increase fees, whether the requested amount is excessive compared with the benefits achieved, and the risk counsel accepted. The court may also require counsel to provide the hours worked and regular hourly billing rates.

Evidence supporting the motion

Sackett attached several documents, including an itemized services record, but initially did not provide a sworn declaration establishing the documents’ authenticity. The court then ordered him to submit a supporting declaration. In response, Sackett stated that there were no additional evidentiary materials supporting authentication and that the documents spoke for themselves.

Under Northern District of California Local Rule 7-5(a), factual statements supporting a motion must be supported by an affidavit or declaration and appropriate record references. The court found that Sackett’s statement about the 19.9 hours was a factual contention. The attached itemization did not identify Sackett as the attorney who performed the work, and its accuracy was not sworn to. Instead, the document identified Donna Wade Anderson, counsel of record for the Social Security Administration in this action.

Ruling

Because it lacked sufficient information to assess the adequacy and reasonableness of the requested fees, the court denied the motion for attorney’s fees without prejudice. The order disposed of Docket No. 31.