Angela M. v. Comm’r

S.D. Fla. Mar. 8, 2024

406(b) fees of $49,642.86 for 18 hours of federal court work not a windfall

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About this case

Angela M. v. Comm’r, Case No. 20-20804-Civ-Scola (S.D. Fla. Mar. 8, 2024) (406(b) Order) (Decision by U.S. District Judge Robert N. Scola, Jr.)

Briefs for purchase: Joint Memorandum and Order awarding 406(b) Fees

Topic addressed:

• 406(b) fees - windfall

Rulings cited: none

Issue briefed:

Whether the award of fees of $49,642.86 under 42 U.S.C. § 406(b) in a contingency fee case where the attorneys spent a total of 18 hours, which was sought in an unopposed motion, constitutes a windfall.

Court decision: After filing an unopposed motion for fees under 42 U.S.C. § 406(b), the court entered the following Order asking for further briefing:

PAPERLESS ORDER requiring additional briefing as to the Petitioner’s (counsel for the Plaintiff) unopposed motion for $49,642.86 in fees under 42 U.S.C. 406(b). Although the Court recognizes that the Petitioner’s efforts have resulted in stellar results for her client, and that the amount she seeks in fees is less than 25% of the past-due Social Security insurance benefits, the Court must nonetheless still “determine whether the fee sought is reasonable for the services rendered.” Jackson v. Comm’r of Soc. Sec., 601 F.3d 1268, 1271 (11th Cir. 2010). Although the Petitioner points to her client’s excellent results, describes taking on substantial risk of loss in representing the Plaintiff, and attests to the parties’ valid contingency agreement, the Court requests further assurances that the extraordinary fee sought in this case is not unreasonable. Accordingly, the Court orders counsel, on or before February 9, 2024, to file (jointly with the Government), supplemental briefing including the following information: whether the award represents a windfall to counsel; whether counsel’s “success is attributable to [counsel’s] own work or instead to some unearned advantage”; counsel’s “degree of expertise and adequacy of representation”; the “overall complexity of the case”; and “the significance of the result achieved.” Gossett v. Soc. Sec. Admin., Comm’r, 812 F. App’x 847, 850-51 (11th Cir. 2020) (cleaned up).

After the filing of a Joint Memorandum, the court entered an Order granting the Unopposed Motion for 406(b) fees and awarded 406(b) fees of $49,642.86, for 18 hours of federal court work.