Lynn D. K. v. Saul

Background

Sherry Lynn D. K. brought the case seeking review of the Social Security Commissioner’s decision that she was not disabled and was not entitled to disability benefits. The court granted her motion for summary judgment and remanded the case for further proceedings. It later approved $4,250 in attorney’s fees under the Equal Access to Justice Act, a federal law allowing certain fee awards in cases against the United States.

On remand, an administrative law judge found Sherry Lynn D. K. disabled and awarded $133,879.12 in past-due benefits. Lawrence Rohlfing, who represented her under a contingent-fee agreement, then sought fees under 42 U.S.C. § 406(b). His amended motion requested $15,169.78. The Social Security Administration had already authorized $18,300 under § 406(a), and the fee agreement provided for 25% of the past-due benefits.

Court’s analysis

The court found the requested amount reasonable. The 25% fee-agreement rate matched the statutory cap under § 406(b). Twenty-five percent of the past-due benefits was $33,469.78; after subtracting the $18,300 already authorized under § 406(a), the remaining amount was exactly $15,169.78.

The court also found no indication that Rohlfing provided inadequate representation or delayed the proceedings to increase his fee. It noted the favorable result, the lack of objections, and the 22.45 hours reported for the district-court proceedings. The requested amount represented an effective hourly rate of approximately $675.71, which the court found reasonable in this context.

Ruling

Judge Alex G. Tse granted Rohlfing’s amended motion for attorney’s fees under § 406(b) in the amount of $15,169.78. Because § 406(b) fees must be offset by fees previously awarded under the Equal Access to Justice Act, Rohlfing must refund Sherry Lynn D. K. the previously awarded $4,250.