Randolph v. Berryhill
- Barbara Moses
- 1:17-cv-06711
- U.S. District Court · Southern District of New York
- 3
In Randolph v. Berryhill, Judge Moses approved Linda Randolph’s request for a $9,381 Social Security attorney-fee payment from her past-due benefits.
Linda Randolph and her attorney, Jasbrinder Sahni; the Social Security Administration was directed to approve the payment.
What happened
In Randolph v. Berryhill, Linda Randolph asked the court to approve a contingent fee for her attorney, Jasbrinder Sahni, after her Social Security case was sent back to the Social Security Administration and she received disability benefits and past-due benefits.
The requested fee was $9,381, equal to 25 percent of Randolph’s past-due benefits. The Commissioner did not otherwise oppose the fee but questioned whether the request was filed on time. The court found that the fee was within the legal limit, that there was no evidence of fraud or overreaching, and that the fee was not excessive compared with the work performed.
Judge Barbara Moses granted Randolph’s motion, ruled that it was timely, and directed the Social Security Administration to approve payment of $9,381 to Sahni from Randolph’s past-due benefits.
The detailed version
- Randolph v. Berryhill · No. 1:17-cv-06711
- Barbara Moses
- Apr. 10, 2020
Background
Linda Randolph moved under 42 U.S.C. § 406(b) for approval of a contingent fee arrangement with her attorney, Jasbrinder Sahni. The agreement allowed Sahni to seek a fee of 25 percent of the past-due benefits owed to Randolph and her family if the court remanded the Social Security case and Randolph later obtained benefits. The court had remanded the case, and Randolph subsequently received a finding of disability and an award of past-due benefits.
Randolph sought approval of a $9,381 payment to Sahni, representing 25 percent of the past-due benefits identified by the Social Security Administration. Andrew Saul, then the Commissioner of Social Security, had been substituted for former Acting Commissioner Nancy Berryhill as the defendant. The Commissioner noted that the motion might be late but did not otherwise object to the requested fee.
Court’s analysis
Section 406(b) allows a court to approve a reasonable attorney fee in a Social Security case, up to 25 percent of the claimant’s past-due benefits. The court explained that contingent-fee agreements remain the primary way fees are set in these cases, but courts must independently review them for reasonableness.
The court found that the relevant factors supported approval. The fee was within the 25-percent statutory limit. The record contained no evidence that the agreement resulted from fraud or excessive pressure. The fee also would not give Sahni an improper windfall because he spent 31.1 hours working on the case, including preparing a 31-page memorandum supporting Randolph’s request for judgment on the pleadings, after which the case was remanded and Randolph obtained the benefits she sought.
Timeliness
The court also ruled that the motion was timely. It applied the 14-day filing period in Federal Rule of Civil Procedure 54(d)(2)(B), which begins when counsel receives notice of the benefits award. Sahni stated that he received the notice from Randolph by fax on March 9, 2020, and the motion was filed two days later. The court further stated that, even if the filing period began earlier, it would extend the period because circumstances warranted doing so.
Disposition
Judge Barbara Moses granted Randolph’s motion and directed the Social Security Administration to approve payment of $9,381.00 to Sahni.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.