Rodriguez v. Berryhill

Background

Valerie Jane Crown, attorney for Alfonso Rodriguez, petitioned the court for approval of $41,773.50 in attorney’s fees for representing Rodriguez in his claim for Title II Social Security benefits. The Social Security Act permits a court to award a reasonable fee of up to 25 percent of a claimant’s past-due benefits for representation before the court.

The fee agreement stated that Crown would receive 25 percent of Rodriguez’s past-due benefits. The amount of those benefits was determined to be $214,606.00.

Court’s Analysis

The court applied three factors for evaluating whether the requested fee was reasonable: the quality of the attorney’s representation and the result achieved, whether the attorney caused delay, and whether the benefits were large compared with the time spent so that the fee would be an improper windfall.

The court found that all three factors supported the request. Crown obtained a fully favorable and uncontested decision from the Social Security Administration, was not responsible for delay, and sought a de facto hourly rate of $1,108.05, which the court found was within the typical range for this type of matter.

Ruling

Judge J. Paul Oetken granted the motion for $41,773.50 in attorney’s fees. After receiving that amount, Crown must refund the previously awarded $8,000.00 in fees under the Equal Access to Justice Act directly to Rodriguez. The clerk was directed to terminate the motion at ECF No. 38.