Kimberly M. v. Saul

Background

Kimberly M. applied for Social Security Disability Insurance benefits. After an administrative law judge found her not disabled and the Appeals Council denied review, she appealed to the district court. On March 3, 2021, the court granted her motion for summary judgment and remanded the case for further administrative proceedings. On remand, an administrative law judge found Kimberly M. disabled, and the Social Security Administration awarded her $139,119.90 in past-due disability benefits.

Fee request and analysis

Kimberly M.’s attorney, Joshua B. Kons, moved for attorneys’ fees under 42 U.S.C. § 406(b). Their retainer agreement allowed him to seek up to 25% of any past-due benefits. Kons requested $25,579.98, equal to 18.39% of the past-due benefits. He reported spending 30.87 hours litigating the case in federal court. No party objected.

The court explained that § 406(b) permits a successful attorney to receive up to 25% of past-due benefits, subject to court review for reasonableness. The court considered the fee agreement, the time spent, the results achieved, whether the representation was adequate, and whether the requested amount was an improper windfall. It found that the request did not exceed the statutory limit, the hours appeared reasonable, and the record did not show substandard representation. The court also explained that the requested fee produced an effective hourly rate of $828.64 and that a standard hourly-fee calculation does not control this type of contingent-fee award.

Ruling

Judge Donna M. Ryu granted the motion for attorneys’ fees. The court awarded $25,579.98, less any administrative assessment required under 42 U.S.C. § 406(d). Because Kons had previously received $6,752.69 under the Equal Access to Justice Act, he was ordered to refund that amount to Kimberly M. The Commissioner was permitted to send any payment of withheld past-due benefits to the registered address of Kimberly M.’s attorney.