C.J.M. v. Saul
- Van Keulen
- 5:19-cv-06862-SVK
- U.S. District Court · Northern District of California
- 4
In C.J.M. v. Kijakazi, Judge Van Keulen granted counsel $15,758.25 in Social Security fees and ordered a $7,000 refund.
C.J.M.’s attorneys receive $15,758.25 from the past-due benefits, and they must refund C.J.M. the previously awarded $7,000 in Equal Access to Justice Act fees. The fee award reduces the past-due benefits available to C.J.M.
What happened
C.J.M. sued for review of the Social Security Administration’s denial of disability benefits. After the case was sent back to the agency, C.J.M. received $67,033 in past-due benefits.
C.J.M.’s attorneys asked for $15,758.25 under a fee agreement providing for 25% of past-due benefits, after accounting for fees already paid. The Commissioner and C.J.M. did not oppose the request. The court found the amount reasonable based on the favorable result, the attorneys’ work, and 40.35 hours billed in federal court.
Judge Van Keulen granted the fee motion for $15,758.25 and ordered C.J.M.’s attorneys to refund C.J.M. the $7,000 previously awarded under the Equal Access to Justice Act.
The detailed version
- C.J.M. v. Saul · No. 5:19-cv-06862-SVK
- Van Keulen
- Mar. 1, 2023
Background
C.J.M. filed this Social Security case seeking review of the Commissioner’s denial of an application for disability benefits. After C.J.M. filed a motion for summary judgment, the parties agreed to send the case back to the agency for further proceedings, and the court granted that agreement. The court later approved $7,000 in attorney’s fees under the Equal Access to Justice Act.
On remand, C.J.M. received $67,033 in past-due disability benefits. C.J.M.’s fee agreement provided for a contingent fee of 25% of past-due benefits if approved under 42 U.S.C. § 406(b). The trustees of Judith Leland’s estate, who were also attorneys and had signed the agreement, filed the fee motion after Leland’s death. The motion requested $15,758.25, described as 25% of the past-due benefits less fees already paid through the Social Security Administration. The Commissioner and C.J.M. did not oppose the motion.
Legal standard
Section 406(b) allows a court to approve a reasonable fee for an attorney who represented a claimant in court, up to 25% of the past-due benefits resulting from the case. The fee is paid by the claimant from the past-due benefits, rather than by the government. The court may approve the fee even when the benefits result from agency proceedings following a court-ordered remand.
Court’s analysis
The Social Security Administration had withheld $16,758.25, representing 25% of the past-due benefits, but the motion sought the lower amount of $15,758.25. The court therefore limited the award to the amount requested.
The court found no evidence that the attorneys performed inadequately or delayed the case to increase their fee. The attorneys had filed a summary judgment motion, the Commissioner agreed to remand, and C.J.M. obtained a substantial benefits award after remand. The billing records showed 40.35 hours spent on the federal-court case. The requested fee worked out to approximately $391 per hour, which the court found reasonable in light of fees approved in similar cases.
Disposition
Judge Van Keulen granted the motion for attorney’s fees under Section 406(b) in the amount of $15,758.25. The court also ordered C.J.M.’s attorneys to refund C.J.M. the previously awarded $7,000 in Equal Access to Justice Act fees.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.