Summary
This proposed findings and recommended disposition addresses a motion for attorney fees filed by plaintiff’s counsel under 42 U.S.C. § 406(b) following a favorable Social Security disability determination on remand. The magistrate judge evaluates the requested $18,000 fee against statutory caps and reasonableness factors, comparing it to recent district court awards. Ultimately, the court recommends reducing the fee to $13,132 based on comparable hourly rates and hours worked, while directing the plaintiff to refund a previously awarded EAJA fee.
Topics
Practice areas
Questions Presented
- Whether the requested attorney fee of $18,000 is reasonable under 42 U.S.C. § 406(b)
- Whether the fee should be reduced and the prior EAJA award refunded
Holdings
- The Court finds the requested fee unreasonable, reduces the award to $13,132 (14.1% of the past‑due benefits), and orders that amount be paid.
- The Court orders the counsel to refund the previously awarded EAJA fee of $4,606 to the plaintiff.
Key quotations
“IT IS THEREFORE RECOMMENDED that Baca’s Motion for Order Authorizing Attorney Fees Pursuant to 42 U.S. § 406(b) be GRANTED IN PART and that the Court authorize $13,132.00 in attorney fees for legal services rendered in this Court, to be paid by the Social Security Administration out of Baca’s past‑due benefits in accordance with agency policy.”
“IT IS FURTHER RECOMMENDED that the Court direct counsel to refund to Baca the EAJA fee of $4,606.00 previously awarded by this Court in accordance with Gisbrecht, 535 U.S. at 796.”
Factual background
Baca applied for Social Security disability benefits in 2018, was denied, appealed, and after remand was awarded past‑due benefits of $93,169. Her counsel seeks attorney fees of $18,000, about 19.3% of the award.
Procedural history
Plaintiff filed a disability claim in 2018; denied; appealed; remanded; favorable decision in 2024; prior attorney‑fee awards granted; now moves for additional fee under §406(b).