Collins v. Carolyn Colvin, Commissioner of the Social Security Administration
- Alison Nathan
- 1:15-cv-06660
- U.S. District Court · Southern District of New York
- 3
In Collins v. Saul, Judge Nathan granted attorney Insler’s motion for $11,723.25 in Social Security fees after remand produced past-due benefits.
Lewis B. Insler received a $11,723.25 attorney’s-fee award from funds withheld from Ollie Collins’s past-due benefits; Insler was required to refund $5,700 in previously received Equal Access to Justice Act fees to Collins.
What happened
In Ollie Collins v. Andrew M. Saul, the Social Security Administration awarded Collins past-due benefits after the case was sent back by agreement. Collins’s lawyer, Lewis B. Insler, then requested payment for representing Collins in court.
The court reviewed the requested payment under the law governing fees in Social Security cases. It found that $11,723.25—25% of Collins’s past-due benefits—was the maximum amount allowed by both the law and the fee agreement, and that the amount was reasonable.
Judge Alison J. Nathan granted Insler’s motion for attorney’s fees in the amount of $11,723.25. The Social Security Administration was directed to pay Insler, and Insler was required to refund $5,700 in previously received government-paid fees to Collins.
The detailed version
- Collins v. Carolyn Colvin, Commissioner of the Social Security Administration · No. 1:15-cv-06660
- Alison Nathan
- Aug. 9, 2021
Background
The Social Security Administration awarded Ollie Collins past-due benefits after the parties agreed to send the Social Security appeal back for further proceedings. Lewis B. Insler, who represented Collins, moved for attorney’s fees under 42 U.S.C. § 406(b), which allows a court to award fees for representation in a Social Security case.
Insler sought 25% of Collins’s past-due benefits under their contingency-fee agreement. He initially requested $12,000, but an Administration letter showed that 25% of the past-due benefits was $11,723.25, which the Administration had withheld from Collins’s payment. Insler did not dispute that calculation.
Court’s Analysis
The court explained that § 406(b) permits a fee award of up to 25% of a claimant’s past-due benefits. Courts must still review the requested amount for reasonableness, even when it falls within that limit.
Insler reported working 30.58 hours on the case. Although the parties agreed to remand before any motion resolving the case was filed, his time records showed reasonable time spent researching and preparing a legal memorandum. The requested award would produce an effective hourly rate of $383.36, which the court found reasonable in light of comparable fee awards and the contingency-fee agreement.
Insler also reported receiving $5,700 in fees under the Equal Access to Justice Act. He agreed to refund those fees to Collins if he received the larger § 406(b) award.
Disposition
The court granted Insler’s motion for attorney’s fees in the amount of $11,723.25. The Social Security Administration was directed to approve payment of that amount to Insler. After receiving payment, Insler was directed to promptly refund the $5,700 in Equal Access to Justice Act fees to Collins. Judge Alison J. Nathan signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.