Edward H. v. O'Malley
- Jacquelyn Corley
- 3:20-cv-02866
- U.S. District Court · Northern District of California
- 4
Edward H. v. O'Malley: Judge Corley granted counsel’s fee motion for $23,189.02 and ordered a $3,947.59 refund of earlier fees.
Edward H. receives the benefit determination and the refund of the earlier Equal Access to Justice Act fees; his counsel’s law office receives the certified $23,189.02 Section 406(b) fee, subject to the required refund.
What happened
In Edward H. v. O'Malley, the court considered counsel’s request for payment after successfully challenging the Social Security Administration’s denial of Edward H.’s disability benefits.
After the case was sent back for further proceedings, the Administration found Edward H. disabled and awarded past-due benefits. Counsel requested $23,189.02 under the agreement, which allowed a fee of up to 25 percent of past-due benefits.
Judge Jacquelyn Corley found the requested amount reasonable and granted the motion. The Commissioner was directed to certify payment to counsel’s law office, and counsel was ordered to refund Edward H. the previously awarded $3,947.59 in Equal Access to Justice Act fees.
The detailed version
- Edward H. v. O'Malley · No. 3:20-cv-02866
- Jacquelyn Corley
- Apr. 19, 2024
Background
Edward H.’s case began as an appeal from the Social Security Administration’s denial of disability benefits based on physical and mental impairments, including a prior gunshot wound and surgery involving his left leg, chronic left-leg pain, depressive disorder, and post-traumatic stress disorder. On April 27, 2021, the court approved the parties’ agreement to send the case back to the Administration for further proceedings. The court later awarded counsel $3,947.59 under the Equal Access to Justice Act.
Following the remand, the Administration found Edward H. disabled and awarded benefits dating back to August 26, 2011. The award included $142,248.06 in past-due benefits. After $49,392 was sent to Alameda County to repay General Assistance payments, $92,756.06 remained. Twenty-five percent of that amount—$23,189.02—was withheld for attorney’s fees. Counsel sought that amount under 42 U.S.C. § 406(b) and the contingency-fee agreement. The Commissioner took no position on the request.
Legal standard
Section 406(b) permits a court to award a reasonable fee to an attorney who represented a Social Security claimant in court, subject to a ceiling of 25 percent of the claimant’s past-due benefits. The court must independently review the fee agreement to ensure that it produces a reasonable result. Relevant considerations include the quality of the representation, whether counsel delayed the case to increase fees, whether the fee is excessive compared with the benefits obtained, and the risk counsel accepted in taking the case. Any Section 406(b) award must be offset by fees previously awarded under the Equal Access to Justice Act.
Court’s analysis
The court found the requested fee reasonable. The contingency-fee agreement stayed within the 25-percent statutory limit. The court found no indication of substandard work or delay intended to increase the fee. It also found that counsel performed substantial work and achieved a favorable result when the Commissioner agreed to a remand after counsel filed a summary-judgment motion. The court concluded that $23,189.02 was not excessive and that counsel had accepted a substantial risk of receiving no fee because the Administration had initially denied all requested benefits.
Disposition
Judge Jacquelyn Scott Corley granted counsel’s motion for attorney’s fees under Section 406(b). The Commissioner was directed to certify $23,189.02 in fees payable to the Law Office of Sackett and Associates. Counsel was ordered to refund the previously awarded $3,947.59 in Equal Access to Justice Act fees to Edward H. The order disposed of Docket No. 27.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.