Janes v. Berryhill

Background

Sean Janes brought this Social Security Act case seeking review of an administrative law judge’s decision denying him disability insurance benefits. The court entered a stipulated order remanding the case to the Social Security Administration for further proceedings and later entered judgment remanding the case.

Janes’s counsel then received an award of $6,447.78 under the Equal Access to Justice Act, a federal law allowing certain attorney-fee awards against the government. After the remand, the administrative law judge found that Janes was entitled to past-due disability benefits beginning in December 2013. The Social Security Administration issued a notice awarding Janes $93,748.70. Counsel moved for $29,000 in fees under 42 U.S.C. § 406(b), stating that amount was below the 25 percent contingency fee in the retainer agreement. Counsel sought a net payment of $22,552.22 after crediting the earlier $6,447.78 fee award.

Report and Recommendation

Magistrate Judge Stewart D. Aaron recommended awarding counsel $20,000 under § 406(b) and requiring counsel to refund the previously awarded $6,447.78 in Equal Access to Justice Act fees to Janes. No party objected to the recommendation. Judge Daniels reviewed it for clear error and found none.

Ruling

Judge Daniels adopted the recommendation in full. The court granted counsel’s motion for attorney’s fees in the amount of $20,000 and directed counsel, upon receiving that amount, to refund the $6,447.78 Equal Access to Justice Act award to Janes. The Clerk of Court was directed to close the motion.