Hogans v. Commissioner of Social Security

Background

Plaintiff’s counsel, Daniel Berger, filed a petition for attorney’s fees under 42 U.S.C. § 406(b)(1). That provision allows a court to authorize a reasonable fee of up to 25 percent of a Social Security claimant’s past-due benefits when the claimant succeeds in federal court. The Commissioner of Social Security filed a response.

The Commissioner’s notice calculating benefits was issued on May 23, 2022. Berger filed the fee petition on June 2, 2022. The court found the petition timely under the applicable filing period.

Court’s Analysis

The court evaluated whether the contingent-fee request was reasonable. It considered the quality and results of the representation, whether counsel caused delay, and whether the benefits were large compared with the time spent on the case. It also considered counsel’s experience and efficiency, the length of the attorney-client relationship, the claimant’s apparent satisfaction, and the uncertainty involved in obtaining benefits.

The requested fee was $18,527.50, which represented 25 percent of Hogans’s past-due benefits. The court found that counsel achieved an award of benefits, that nothing in the record showed deficient representation or attorney-caused delay, and that the fee was reasonable rather than an improper windfall. The court also noted Berger’s experience in Social Security cases, his extended representation of Hogans, the absence of any indication that Hogans was dissatisfied, and the prior denials at the agency level.

Disposition

Judge Stewart D. Aaron granted the motion for attorney’s fees. The order awarded Daniel Berger $18,527.50. Because Berger had previously received a $6,523.20 fee under the Equal Access to Justice Act, the order required him to promptly refund that amount to Hogans after receiving the Section 406(b) fee.