Rodriguez v. Berryhill

Background

Rodriguez brought an action challenging the denial of his application for Social Security disability benefits. In January 2018, the court approved the parties’ agreement to reverse the denial and send the case back to the Social Security Administration for further proceedings. The court entered judgment accordingly.

On September 30, 2019, the Social Security Administration issued a notice stating that Rodriguez was entitled to past-due disability benefits. Rodriguez’s attorney then moved for attorney’s fees under 42 U.S.C. § 406(b), requesting the lesser of $13,027 or 25% of the past-due benefits. The Commissioner opposed any award exceeding $8,994.25.

Attorney’s Fees

The court determined that $8,994.25 was 25% of Rodriguez’s past-due benefits, based on the amount the Social Security Administration had withheld for a possible representative’s fee. The court found that amount reasonable under the Social Security Act.

Timeliness

The court explained that a motion for fees under Section 406(b) generally must be filed within fourteen days. That period may be extended when the motion must await the Social Security Administration’s calculation of benefits after a court sends a case back for further proceedings. Here, Rodriguez’s counsel received the benefits notice on October 5, 2019, and acknowledged that the filing deadline was October 24, 2019.

Counsel sought a more definitive statement of the total past-due benefits from the Social Security Administration on October 31 and December 2, 2019, but had not received a response. Counsel filed the fee motion on December 12, 2019. The court found the delay reasonable under these circumstances.

Ruling

Judge Vincent L. Briccetti granted Rodriguez’s motion for attorney’s fees under 42 U.S.C. § 406(b). The court awarded counsel $8,994.25 and directed the Social Security Administration to pay that amount from Rodriguez’s past-due disability-benefits award. The clerk was instructed to terminate the motion.