Case Name in Social Security Case - Unavailable

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
BARBARA M., )
)
Plaintiff, )
)
vs. ) Case No. 4:22 CV 141 JMB
)
FRANK BISIGNANO, )
Commissioner of Social Security,1 )
)
Defendant. )
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Attorney Fees pursuant to 42
U.S.C. § 406(b) (Doc. 20). Defendant has no objection. For the reasons set forth below, the
motion is GRANTED.
Plaintiff retained attorney Kelsey Young on January 18, 2022 to represent her with respect
to her claims for benefits in proceedings before this Court. Pursuant to a contingent fee agreement,
Plaintiff agreed to pay counsel 25% of back pay recovered and that she will be refunded the lesser
amount of either attorney fees recovered pursuant to § 406(b) or the Equal Access to Justice Act,
28 U.S.C. § 2412 (EAJA) (Doc. 20-5). On March 2, 2023, this Court remanded this case to the
Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 13). On May 18, 2023, the
Court awarded Plaintiff attorney fees in the amount of $5,710.50, pursuant to the EAJA, and costs
in the amount of $401.00 (Doc. 18). There is no indication in the record that any of the EAJA fee
1 Frank J. Bisignano became the Commissioner of Social Security on May 7, 2025 and substitutes the former
Defendant, Kilolo Kijakazi.
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was subject to offset for any preexisting debt Plaintiff owed the United States, and the entire sum
was paid to Plaintiff’s attorney.
Upon remand, Plaintiff received a fully favorable decision. She was awarded $38,273.00.
The Social Security Administration also approved the fee agreement and withheld $9,568.25,
representing 25%, of the back benefits to pay counsel. Plaintiff’s counsel now moves for payment
of $9,568.25, pursuant to 42 U.S.C. §406(b).
Section 406(b) of the Social Security Act governs fees for representation of Social Security
claimants in court. Gisbrecht v. Barnhart, 535 U.S. 789, 794 (2002) (citing 20 C.F.R. §
404.1728(a)). Under § 406(b), “a court may allow ‘a reasonable fee . . . not in excess of 25 percent
of the . . . past-due benefits awarded to the claimant.” Id. at 795 (quoting 42 U.S.C. §
406(b)(1)(A)). Section 406(b) “does not displace contingent-fee agreements as the primary means
by which fees are set for successfully representing Social Security benefits claimants in court.” Id.
The court is required, however, to assess the reasonableness of attorney fees requested under
contingent-fee agreements. Id. at 809. And, “the attorney for the successful claimant must show
that the fee sought is reasonable for the services rendered.” Id. at 807. Courts must first examine
the contingent fee arrangement, then test the agreement for reasonableness, and appropriately
reduce it, if necessary, based on the character of the representation and the results achieved. Id. at
808. For example, reductions are required if the attorney was responsible for delay or the benefits
are large in comparison to the amount of time counsel spent on the case. Id.
Plaintiff submits the award of benefits letters from the Social Security Administration, the
fee agreement, and an itemization of the legal services provided in connection with Plaintiff’s
claim. Defendant neither supports nor objects the fee request and instead notes that the Court must
decide if the fees are reasonable. After independently reviewing the record in this case, the
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undersigned finds that the § 406(b) fee request is reasonable. Therefore, the Court will award
Plaintiff’s counsel attorney’s fees under § 406(b) in the amount of $9,568.25, representing the
balance of 25% of Plaintiff’s past due benefits. Pursuant to the contingent fee arrangement,
counsel shall refund to Plaintiff the EAJA fee, which is the lesser amount, of $5,710.50.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Attorney Fees pursuant to 42
U.S.C. § 406(b) (Doc. 20) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s counsel is awarded $9,568.25 in attorney
fees pursuant to 42 U.S.C. § 406(b). This amount represents 25 percent of Plaintiff’s past-due
benefits that is being held by the Social Security Administration for direct payment to Plaintiff’s
counsel as an authorized attorney fee.
IT IS FURTHER ORDERED that upon payment by the Social Security Administration,
Plaintiff’s counsel shall forthwith refund to Plaintiff the EAJA fee amount, $5,710.50.
/s/ John M. Bodenhausen
JOHN M. BODENHAUSEN
UNITED STATES MAGISTRATE JUDGE
Dated this 20th day of February, 2026.
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