Williams v. Saul
- George Daniels
- 1:20-cv-00586
- U.S. District Court · Southern District of New York
- 2
In Williams v. Saul, Judge Netburn granted counsel $26,383.28 in Social Security attorney’s fees and ordered a refund of earlier fees.
Hadiya Yasmine Williams and her lawyer were affected. The lawyer received approval for $26,383.28 in fees and was directed to refund Williams $3,438.38 in previously paid Equal Access to Justice Act fees.
What happened
In Williams v. Saul, Hadiya Yasmine Williams sought court review of the denial of her Social Security benefits. The case was sent back to the Social Security Administration for further proceedings, and Williams later received two awards of past-due benefits.
Williams’s lawyer asked the court to approve attorney’s fees based on those past-due benefits. The government did not object, but noted that the second benefit award had not been included when the first fee calculation was made. Williams also raised no objection.
Judge Sarah Netburn found the requested amount reasonable and granted attorney’s fees of $26,383.28, equal to 25% of Williams’s past-due benefits. The order also directed the lawyer to refund Williams the $3,438.38 in previously paid Equal Access to Justice Act fees.
The detailed version
- Williams v. Saul · No. 1:20-cv-00586
- George Daniels
- Oct. 3, 2022
Background
Williams filed this Social Security case under 42 U.S.C. § 405(g), asking the court to review the denial of her benefits. On January 5, 2021, Judge George B. Daniels remanded the case for further proceedings based on the parties’ stipulation. The court later approved an award of $7,304.60 in attorney’s fees under the Equal Access to Justice Act. The Department of the Treasury withheld part of that award, so the actual payment was $3,438.38.
After the remand, the Social Security Administration awarded Williams past-due benefits twice. Her lawyer then filed two motions seeking attorney’s fees under 42 U.S.C. § 406(b). That statute allows a court to approve a reasonable fee of no more than 25% of a claimant’s past-due benefits.
Positions and analysis
The Commissioner stated that there was no objection to either fee motion. The Commissioner explained, however, that the second benefit award had not been considered when the first award and related attorney’s fees were calculated, and said those amounts should be reduced accordingly. Williams was given an opportunity to object and stated that she had no objection. After reviewing the motions and supporting materials, the court found the requested award reasonable.
Ruling
Judge Sarah Netburn ordered that attorney’s fees be granted in the amount of $26,383.28, representing 25% of Williams’s past-due benefits. Upon receiving that amount, Williams’s lawyer was directed to refund Williams the previously awarded $3,438.38 in Equal Access to Justice Act fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.