Melissa F. L. v. Kijakazi

Background

The court stated that it had previously granted Melissa F. L.’s motion for summary judgment, reversed the Commissioner’s decision, and remanded the matter for immediate calculation and payment of benefits. The parties had also stipulated to an $11,000 attorney-fee award under the Equal Access to Justice Act. On March 1, 2023, the Social Security Administration awarded Melissa F. L. $164,515.35 in past-due benefits.

Fee request

Melissa F. L.’s attorney requested $42,000 under 42 U.S.C. § 406(b)(1), which permits an attorney-fee award from a claimant’s past-due Social Security benefits. The Commissioner took no position on whether the requested amount was reasonable, but argued that counsel’s request for a “net award” was improper. Because Melissa F. L. did not reply to that argument, the court treated the issue as conceded. The court also agreed with the Commissioner’s interpretation of the governing statutes: when fees are awarded under both the Equal Access to Justice Act and § 406(b), the attorney must refund the smaller fee to the claimant.

Ruling

The order’s heading states that the motion for attorney fees was granted in part and denied in part. The court granted the motion for $42,000 under § 406(b)(1), directed the Commissioner to certify payment of that amount to Melissa F. L.’s counsel, and ordered counsel to refund the previously awarded $11,000 to Melissa F. L. after receiving the § 406(b) payment. Judge Robert Illman signed the order on May 19, 2023.