Thurston v. Commissioner of Social Security
- Paul Gardephe
- 1:18-cv-03022-PGG-SDA
- U.S. District Court · Southern District of New York
- 4
In Thurston v. Commissioner, Judge Gardephe granted counsel’s $17,004.25 fee request and ordered a refund of the prior $7,800 award.
The ruling authorizes Marisol Thurston’s counsel to receive $17,004.25 in fees and requires counsel to refund Thurston the earlier $7,800 Equal Access to Justice Act award; the Commissioner did not object to the requested amount.
What happened
In Thurston v. Commissioner of Social Security, Marisol Thurston challenged the denial of her application for disability benefits. The case was sent back for further administrative proceedings, and an administrative law judge later found that Thurston was disabled and entitled to benefits.
Thurston’s lawyer asked the court for $17,004.25, equal to 25% of her past-due benefits, for work performed in the court case. The Commissioner did not object to that amount but asked the lawyer to return the $7,800 previously awarded under the Equal Access to Justice Act.
Judge Paul G. Gardephe granted the request for $17,004.25. He found that the amount was within the legal limit, was reasonable for the 39 hours of work recorded, and was not the result of fraud, overreaching, or an improper windfall. He also ordered the lawyer to refund Thurston the $7,800 previously awarded under the Equal Access to Justice Act.
The detailed version
- Thurston v. Commissioner of Social Security · No. 1:18-cv-03022-PGG-SDA
- Paul Gardephe
- Sept. 22, 2022
Background
Marisol Thurston brought this Social Security case to challenge the Commissioner of Social Security’s denial of her application for disability insurance benefits. In April 2019, the parties agreed, with the court’s approval, that the Commissioner’s decision would be reversed and that the case would be sent back to the agency for further proceedings.
In May 2019, the court approved an agreement requiring the Commissioner to pay $7,800 in attorney’s fees under the Equal Access to Justice Act, a federal law that can allow a prevailing party’s attorney to receive fees from the government. After the case returned to the agency, an administrative law judge found that Thurston was disabled and entitled to benefits. The Social Security Administration then withheld $17,004.25, equal to 25% of Thurston’s past-due benefits, for payment of representative or attorney fees.
Fee request
Thurston’s counsel moved for $17,004.25 in fees under 42 U.S.C. § 406(b), which permits a court to approve a reasonable attorney’s fee in a favorable Social Security case, subject to a cap of 25% of the claimant’s past-due benefits. The fee agreement provided that counsel would receive the greater of 25% of past-due benefits or the amount obtainable under the Equal Access to Justice Act. It also required counsel to refund the smaller fee if fees were awarded under both laws.
The court considered whether the requested fee exceeded the statutory cap, whether the fee agreement involved fraud or overreaching, and whether the fee would give counsel an improper windfall. Counsel submitted records showing 39 hours of work between March 2018 and March 2019. The requested amount produced an effective hourly rate of approximately $436. The court found that the request complied with the 25% cap, was reasonable, and would not be a windfall. The court also found no evidence of fraud or overreaching. The Commissioner did not object to the requested amount but sought a refund of the earlier $7,800 Equal Access to Justice Act award.
Ruling
The court granted counsel’s motion for $17,004.25 in attorney’s fees. It directed counsel to refund Thurston the $7,800 previously awarded under the Equal Access to Justice Act. Judge Paul G. Gardephe also directed the Clerk of Court to terminate the motion at Docket Number 38.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.