Coleman v. Commissioner of Social Security
- Katharine Parker
- 1:21-cv-00076
- U.S. District Court · Southern District of New York
- 5
Coleman v. Commissioner of Social Security: Judge Parker granted counsel $12,128.52 in fees and required a refund of the earlier government-paid fee.
Carolyn D. Coleman, whose past-due benefits will fund the $12,128.52 fee; her attorney, Howard D. Olinsky, may receive the fee but must refund the earlier Equal Access to Justice Act fee.
What happened
In Coleman v. Commissioner of Social Security, Carolyn D. Coleman’s attorney sought $12,128.52 from her past-due disability benefits after Coleman won a remand and later became entitled to benefits.
The requested amount was 25% of Coleman’s past-due benefits. The attorney had previously received $2,532.44 in government-paid fees under a law covering successful cases against the government and agreed to refund that amount to Coleman.
Judge Katharine H. Parker granted the fee request, finding it reasonable and free from fraud, overreaching, or an improper windfall. The court authorized $12,128.52 and required the attorney to refund the earlier fee to Coleman.
The detailed version
- Coleman v. Commissioner of Social Security · No. 1:21-cv-00076
- Katharine Parker
- Mar. 1, 2023
Background
Counsel Howard D. Olinsky represented Carolyn D. Coleman in her action seeking judicial review of the Commissioner of Social Security’s denial of Disability Insurance Benefits and Supplemental Security Income. The representation agreement allowed counsel to receive up to 25% of any past-due benefits awarded to Coleman.
Coleman prevailed and obtained a remand to the Social Security Administration for further proceedings. The Social Security Administration later determined that she was owed $48,514.10 in past-due benefits and withheld $12,128.52 for a possible attorney’s fee under Section 206(b)(1) of the Social Security Act, 42 U.S.C. § 406(b)(1). Counsel had also previously received $2,532.44 in attorney’s fees and $17.25 in expenses under the Equal Access to Justice Act, which permits fee awards against the government in certain successful cases.
Fee request and analysis
Counsel moved for $12,128.52 in fees under Section 206(b). The Commissioner stated that the request was within the 25% statutory limit and that there was no evidence of fraud or overreaching, but left the reasonableness determination to the court.
The court explained that it had to determine whether the contingency-fee percentage was within the statutory cap, whether the agreement involved fraud or overreaching, and whether the requested amount would create an improper windfall. The court considered counsel’s experience and efficiency, the professional relationship with Coleman, the result achieved, and the uncertainty of obtaining benefits when counsel accepted the case.
The court found the fee reasonable. The request did not exceed 25% of the past-due benefits, and there was no evidence of fraud or overreaching. Although the effective hourly rate was high, the court found it within the range generally approved for similar Social Security matters. It also found that counsel’s relatively few hours reflected efficiency, that Coleman obtained a favorable benefits decision, and that the outcome had been uncertain when counsel agreed to represent her. The court further noted that counsel would refund the previously awarded Equal Access to Justice Act fees to Coleman.
Disposition
The court authorized an award of $12,128.52 in attorney’s fees under Section 206(b). On receiving payment, counsel must refund to Coleman the attorney’s fees previously received under the Equal Access to Justice Act. The Clerk was directed to terminate the fee motion at ECF No. 30.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.