Ricky Lee Stanford v. Commissioner of the Social Security Administration

Summary

The United States District Court for the Eastern District of Oklahoma granted counsel’s motion for attorney fees under 42 U.S.C. § 406(b) following a successful appeal and remand in a Social Security benefits matter. The court awarded $23,000.00 in fees from withheld past-due benefits and directed counsel to refund the smaller of any previously awarded EAJA fees or the § 406(b) award to Plaintiff’s estate.

Holdings

1. A court may award up to 25% of past-due Social Security benefits as a contingent attorney fee under 42 U.S.C. § 406(b), but must review the fee arrangement and case records to ensure that it yields a reasonable result in the particular case. The requested $23,000.00 fee was within the contractual and statutory limits and was reasonable in light of the time expended and result obtained.
2. A motion for fees under § 406(b) may be pursued through Federal Rule of Civil Procedure 60(b)(6) and is timely when filed within a reasonable time of the Commissioner's decision awarding benefits. Counsel's motion, filed less than one month after the February 16, 2026 Notice of Award, was timely.
3. When counsel receives both EAJA fees and § 406(b) fees for the same representation, counsel must refund to the claimant's estate the smaller amount between the EAJA award and the § 406(b) award.

Questions Presented

1. Whether counsel's requested $23,000.00 fee under 42 U.S.C. § 406(b) was permissible and reasonable under the contingency-fee agreement, the 25% statutory limitation, and the court's review obligation.
2. Whether the fee motion was timely under Federal Rule of Civil Procedure 60(b)(6).
3. Whether counsel was required to refund to Plaintiff's estate the smaller of the EAJA fee and the § 406(b) fee.

Disposition

other