Haiss v. Berryhill

Background

Bryan Haiss’s counsel, Christopher J. Bowes, moved for attorney’s fees under 42 U.S.C. § 406(b)(1)(A). Haiss and Bowes had entered into a contingent-fee agreement under which Haiss agreed to pay 25% of any past-due benefits obtained through the representation.

Counsel represented Haiss in the district court and on remand before the Social Security Administration. The Administration determined that Haiss was entitled to $88,872 in past-due benefits. Counsel therefore requested $22,218, which is 25% of that amount. Counsel’s time records showed 42.9 hours of work, producing an effective hourly rate of $517.90 if the requested fee were awarded.

Court’s Analysis

Section 406(b)(1)(A) permits a court to approve a reasonable fee for legal services performed in federal court, up to 25% of the past-due benefits awarded, payable from those benefits. The court concluded that the request met the statutory 25% limit and was reasonable.

The court relied on several considerations: there was no reason to question the fee agreement; counsel provided quality services despite the risk of nonpayment; counsel’s work resulted in an award of the full amount of past-due benefits sought; the hours worked reflected an efficient use of time; counsel had extensive experience in Social Security litigation; and the resulting hourly rate was consistent with rates approved in similar cases in the Southern District of New York. The court also concluded that the fee was not a windfall.

Disposition

Judge Vincent L. Briccetti granted the motion for attorney’s fees and awarded counsel $22,218. The Social Security Administration was directed to pay that amount to Christopher J. Bowes from Haiss’s past-due Social Security benefits. Because Haiss was entitled to a credit for attorney’s fees previously awarded under the Equal Access to Justice Act, counsel was directed to remit to Haiss whatever amount of those fees counsel received. The Clerk was instructed to terminate the motion.