Thompson v. Berryhill
- Vincent Briccetti
- 7:18-cv-11224
- U.S. District Court · Southern District of New York
- 4
In Thompson v. Commissioner of Social Security, Judge Briccetti granted counsel’s motion for $5,694.25 in fees from withheld past-due benefits.
Jessica Thompson, her court counsel, and the past-due benefits withheld by the Social Security Administration are directly affected. The Commissioner did not oppose the motion.
What happened
In Thompson v. Commissioner of Social Security, Jessica Thompson challenged the denial of her disability benefits. The court previously reversed that denial and sent the case back for further administrative proceedings, after which Thompson received a favorable decision.
Thompson’s court counsel asked for $5,694.25 in fees under a law allowing fees from past-due Social Security benefits. The Commissioner did not oppose the request. The court found the fee reasonable and found that the request was timely despite being filed four days after the usual deadline.
Judge Vincent L. Briccetti granted the motion and awarded counsel $5,694.25, payable from the past-due benefits withheld by the Social Security Administration. The court also ruled that counsel did not have to repay the earlier government-paid fee because that money had been applied to a tax lien and counsel had not received it.
The detailed version
- Thompson v. Berryhill · No. 7:18-cv-11224
- Vincent Briccetti
- Sept. 2, 2021
Background
Jessica Thompson sued after the Commissioner of Social Security denied her application for disability benefits. On August 26, 2019, the court entered the parties’ agreement reversing the Commissioner’s decision and sending the case back for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). The court also entered judgment that day.
The parties later agreed that Thompson was entitled to $2,469.61 in attorney’s fees under the Equal Access to Justice Act and $400 in costs. On remand, Thompson was represented by different administrative counsel. After receiving a favorable decision from the Social Security Administration, Thompson’s court counsel moved under 42 U.S.C. § 406(b) for $5,694.25 in attorney’s fees.
Attorney’s-fee request
Section 406(b) allows a court to approve a reasonable fee for an attorney who represented a Social Security claimant in court. The fee may not exceed 25% of the claimant’s past-due benefits and is paid from those benefits rather than added to them. The court also explained that a claimant’s attorney may receive fees under both Section 406(b) and the Equal Access to Justice Act, but must refund the smaller fee to the claimant when the attorney receives both.
The Social Security Administration awarded Thompson $87,520.25 in past-due benefits and withheld $28,194.25, representing 25% of those benefits. Thompson’s court counsel requested $5,694.25, while administrative counsel requested $22,500. Together, those requests did not exceed the 25% statutory limit. The court found no evidence of fraud or overreaching in the fee agreement.
The court also found the requested fee reasonable. Counsel billed 15.75 hours, obtained an agreement reversing the original denial and remanding the case, and requested approximately $362 per hour. The court found no unreasonable delay and concluded the fee was not a windfall. It further ruled that counsel did not have to reimburse Thompson for the earlier Equal Access to Justice Act award because the record showed that amount had been automatically applied to an Orange County Department of Social Services tax lien, so counsel had not received it.
Timeliness
A motion for Section 406(b) fees generally must be filed within 14 days after the claimant receives the notice of award. Courts may extend that period when the delay is reasonable. Counsel represented that he received the notice of award on July 30, 2021, making the motion due on August 13, 2021. He filed it on August 17, 2021.
Although counsel did not explain the four-day delay, the court found it minor, reasonable, and excusable. Counsel had kept the court informed about the notice of award and had timely filed four status updates and requested four extensions. The court therefore extended the filing deadline to August 17, 2021, and found the motion timely.
Ruling
Judge Vincent L. Briccetti ordered that the motion for attorney’s fees under 42 U.S.C. § 406(b) was GRANTED. The court awarded counsel $5,694.25, payable from the statutorily withheld past-due benefits, and directed the Clerk to terminate the motion.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.