Conklin v. Social Security

Background

The court had remanded the case to the Commissioner of Social Security under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings. The parties had stipulated to $5,997 in attorney fees under the Equal Access to Justice Act. After Conklin received an award of past-due benefits dated July 6, 2021, her counsel filed a motion on July 20, 2021, seeking additional fees and costs under 42 U.S.C. § 406(b). The Commissioner did not object and conceded that the motion was timely.

Legal standard and analysis

Section 406(b) permits a court to approve a reasonable attorney fee, up to 25% of a claimant’s past-due benefits, when the attorney represented the claimant before the court. The court considered the lawyer’s success, the work shown by the filings and legal arguments, and the efficiency of the representation. It also considered whether the requested fee would be reasonable in light of the hours worked and the contingency-fee arrangement.

The court found that all relevant factors supported the request. The $26,858.50 fee did not exceed 25% of Conklin’s past-due benefits. Based on 31.60 hours of attorney work, it represented an hourly rate of approximately $850. The court found that counsel obtained an award of benefits, negotiated a settlement with the Commissioner, handled the case efficiently, and performed a reasonable amount of work. It concluded that the hourly rate was not outside the bounds of reasonableness.

Ruling

Judge Katharine H. Parker granted counsel’s motion for attorney fees. The Social Security Administration should approve and pay $26,858.50 to Conklin’s counsel. After receiving that payment, counsel must promptly refund the $5,997 in Equal Access to Justice Act fees to Conklin.