Miranda v. Kijakazi
- Beth Freeman
- 5:22-cv-00404
- U.S. District Court · Northern District of California
- 4
In Miranda v. Kijakazi, Judge Freeman granted counsel’s $18,606.25 fee motion and ordered a $6,800 refund to Linda Miranda.
Linda Miranda and her counsel were affected: counsel was awarded $18,606.25 under 42 U.S.C. § 406(b), and Miranda was to receive a $6,800 refund of previously awarded Equal Access to Justice Act fees.
What happened
Linda Miranda challenged the denial of her Social Security disability benefits. The court sent the case back for further proceedings, and Miranda later received $74,425 in past-due benefits.
Her lawyer sought $18,606.25 under a written agreement allowing up to 25% of past-due benefits. The court found the request reasonable because the lawyer obtained a fully favorable result, did not provide substandard representation or delay the case, and did not seek an excessive fee.
Judge Beth Labson Freeman granted the fee motion for $18,606.25 and ordered that Miranda receive a $6,800 refund for fees previously awarded under the Equal Access to Justice Act.
The detailed version
- Miranda v. Kijakazi · No. 5:22-cv-00404
- Beth Freeman
- Mar. 7, 2024
Background
Linda Miranda filed this action seeking review of the denial of her application for Disability Benefits. The court approved the parties’ agreement to send the case back for further proceedings. Miranda then received a favorable decision on remand and was awarded $74,425 in past-due Disability Insurance Benefits.
Miranda’s counsel, Katherine Siegfried, moved for attorney’s fees under 42 U.S.C. § 406(b). A written contingent-fee agreement allowed counsel to receive up to 25% of Miranda’s past-due benefits. Counsel requested a gross fee of $18,606.25. The court had previously awarded Miranda $6,800 in fees under the Equal Access to Justice Act, so counsel’s requested fee would result in a net fee of $11,806.25 after reimbursing Miranda that amount.
Legal standard
Section 406(b) allows a court to approve a reasonable fee for an attorney who represented a claimant in a successful Social Security case, up to 25% of the claimant’s past-due benefits. The fee is paid from the claimant’s past-due benefits, not by the losing party. Courts generally begin with the contingent-fee agreement but independently review it and may reduce the fee if the representation was inadequate, the attorney delayed the case, or the fee would be an improper windfall.
When a claimant receives fees under both § 406(b) and the Equal Access to Justice Act, the attorney must refund the smaller fee to the claimant. Here, the court considered the $6,800 Equal Access to Justice Act award in deciding that Miranda should receive a refund.
Court’s analysis
The court found the requested 25% fee reasonable. Counsel obtained a fully favorable benefits award, and nothing in the record showed substandard performance or delay intended to increase the fee. The requested $18,606.25 for 32.6 hours of work produced an effective hourly rate of $571, which the court found reasonable in light of other Social Security cases. The Government did not object to the requested award.
Disposition
The court GRANTED counsel’s motion for attorney’s fees under § 406(b) in the amount of $18,606.25. It also ordered that Miranda SHALL be refunded the $6,800 in Equal Access to Justice Act fees previously awarded.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.