1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 N.N.,1 Case No. 23-cv-03489-PHK
9 Plaintiff, ORDER GRANTING MOTION FOR 10 v. ATTORNEY FEES UNDER 42 U.S.C. § 406(b) 11 FRANK BISIGNANO, Commissioner of Social Security,2 Re: Dkt. 18 12 Defendant. 13 14 INTRODUCTION 15 Now before the Court is Plaintiff’s counsel’s unopposed motion for an award of attorney’s 16 fees under 42 U.S.C. § 406(b). [Dkt. 18]. Plaintiff’s counsel, Katherine Siegfried, seeks 17 $22,612.50 out of $90,450.00 in past-due benefits. Id. at 1. Defendant does not oppose the 18 request. [Dkt. 19]. For the reasons set forth herein, the Court GRANTS the motion for attorney’s 19 fees. 20 RELEVANT BACKGROUND 21 On February 8, 2015, Plaintiff protectively filed an application for a period of disability 22 and disability insurance benefits, pursuant to Title II of the Social Security Act, 42 U.S.C. 23
24 1 In actions involving requested review of a decision by the Commissioner of the Social Security Administration, the Court generally uses the Plaintiff’s first and last initials to refer to the Plaintiff 25 in the Court’s public Orders out of an abundance of caution and out of regard for the Plaintiff’s potential privacy concerns. 26
2 This lawsuit was initially filed against Kilolo Kijakazi, who was then the Acting Commissioner of 27 the Social Security Administration. See Dkt. 1. Pursuant to Federal Rule of Civil Procedure 25(d), 1 § 405(g). [Dkt. 8 (hereinafter, “AR”) at 204-07]. Plaintiff’s application was denied, initially on 2 November 20, 2025, and upon reconsideration on March 23, 2016. [AR 115-25]. Plaintiff then 3 successfully requested a hearing before an Administrative Law Judge (ALJ), which took place on 4 March 20, 2018. [AR 126-99; see AR 51-91]. On May 31, 2018, the ALJ issued a written order 5 denying benefits, and on June 6, 2019, the Appeals Council denied Plaintiff’s request for review 6 of the ALJ’s decision. [AR 1-6, 16-26]. 7 Plaintiff thereafter filed a Complaint in federal court seeking review of the Commissioner’s 8 decision. [AR 3209-12]. On September 30, 2021, the Court reversed and remanded the case, 9 pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. [AR 10 3225-41]. On remand, the Appeals Council vacated the Commissioner’s decision and returned the 11 case to an ALJ for further proceedings consistent with the Court’s Order. [AR 3178-82]. A 12 hearing was then held on February 16, 2023, before the same ALJ, who then issued a written 13 decision on April 19, 2023, once again denying Plaintiff’s claims for benefits. [AR 3140-177; see 14 AR 3092-4106]. 15 On July 13, 2023, Plaintiff filed the Complaint in the instant action, seeking judicial review 16 of the ALJ’s second decision after remand. [Dkt. 1]. On September 30, 2024, this Court issued an 17 Order reversing and remanding the case for further administrative proceedings, pursuant to 18 sentence four of 42 U.S.C. § 405(g). [Dkt. 14]. 19 On November 7, 2024, the Court granted the Parties’ stipulation for attorney fees under the 20 Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, in the amount of $11,007.00. [Dkt. 17]. 21 On remand, the Commissioner granted Plaintiff’s application and, given that Plaintiff 22 reached full retirement age in April 2020, awarded Plaintiff a lump sum covering disability 23 benefits from February 2014 through March 2020. 24 Under a contingency fee agreement, Plaintiff agreed to pay her counsel, Attorney 25 Siegfried, up to twenty-five percent of any past-due benefits resulting from a favorable disability 26 decision. [Dkt. 18-4]. In a Notice of Change in Benefits, the SSA informed Plaintiff that she was 27 entitled to $90,450.00 in retroactive benefits, that twenty-five percent of the past-due benefits 1 LEGAL STANDARD 2 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for their 3 representation before a court pursuant to 42 U.S.C. § 406(b). Straw v. Bowen, 866 F.2d 1167 (9th 4 Cir. 1989). The statute provides that a federal court which “renders a judgment favorable to a 5 claimant . . . who was represented before the court by an attorney” may grant the attorney “a 6 reasonable fee for such representation, not in excess of 25 percent of the total of the past-due 7 benefits to which the claimant is entitled by reason of such judgment.” 42 U.S.C. § 406(b). In 8 passing § 406(b), Congress sought to protect attorneys from nonpayment of fees, while also 9 shielding clients from unfairly large fees. Gisbrecht v. Barnhart, 535 U.S. 789, 805 (2002). 10 Section 406(b) is meant “to control, not to displace, [contingency] fee agreements between 11 Social Security benefits claimants and their counsel.” Id. at 793. Even if a fee request under 12 § 406(b) is within the twenty-five percent statutory limit, the attorney bears the burden of showing 13 that the fee sought is reasonable, and the court is responsible for serving as an “independent 14 check” to ensure the reasonableness of the fee. Id. at 807. 15 The Ninth Circuit has instructed that a § 406(g) fee request should be assessed by “looking 16 first to the contingent-fee agreement, then testing it for reasonableness.” Crawford v. Astrue, 586 17 F.3d 1142, 1149 (9th Cir. 2009) (en banc). A court reviewing a fee request should consider “the 18 character of the representation and the results the representative achieved,” and determine 19 “whether the amount [of fees specified in the contingency fee agreement] need be reduced,” for 20 such reasons as “substandard performance, delay, or benefits that are not in proportion to the time 21 spent on the case.” Id. at 1151. 22 The reasonableness determination is not governed by the traditional lodestar method used 23 in evaluating motions for attorneys’ fees in the context of other legal regimes, because “[t]he 24 lodestar method under-compensates attorneys for the risk they assume in representing [social 25 security] claimants and ordinarily produces remarkably smaller fees than would be produced by 26 starting with the contingent-fee agreement.” Id. at 1150. 27 A § 406(g) fee award must be offset by any award of EAJA fees. Thus, if a court awards 1 amount of the smaller fee.” Gisbrecht, 535 U.S. at 796 (cleaned up). 2 ANALYSIS 3 As noted above, Plaintiff entered into a contingent fee arrangement with Attorney 4 Siegfried providing for a twenty-five percent contingent fee (based on the amount of benefits 5 awarded, if successful). The twenty-five percent contingency is self-evidently consistent with the 6 statutory cap. 42 U.S.C. § 406(b). There is nothing in the record to suggest that Plaintiff’s 7 counsel’s performance in this matter was substandard; to the contrary, Attorney Siegfried’s 8 representation resulted in Plaintiff’s receiving of $90,450.00 in past-due benefits.
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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN FRANCISCO DIVISION 7 8 N.N.,1 Case No. 23-cv-03489-PHK
9 Plaintiff, ORDER GRANTING MOTION FOR 10 v. ATTORNEY FEES UNDER 42 U.S.C. § 406(b) 11 FRANK BISIGNANO, Commissioner of Social Security,2 Re: Dkt. 18 12 Defendant. 13 14 INTRODUCTION 15 Now before the Court is Plaintiff’s counsel’s unopposed motion for an award of attorney’s 16 fees under 42 U.S.C. § 406(b). [Dkt. 18]. Plaintiff’s counsel, Katherine Siegfried, seeks 17 $22,612.50 out of $90,450.00 in past-due benefits. Id. at 1. Defendant does not oppose the 18 request. [Dkt. 19]. For the reasons set forth herein, the Court GRANTS the motion for attorney’s 19 fees. 20 RELEVANT BACKGROUND 21 On February 8, 2015, Plaintiff protectively filed an application for a period of disability 22 and disability insurance benefits, pursuant to Title II of the Social Security Act, 42 U.S.C. 23
24 1 In actions involving requested review of a decision by the Commissioner of the Social Security Administration, the Court generally uses the Plaintiff’s first and last initials to refer to the Plaintiff 25 in the Court’s public Orders out of an abundance of caution and out of regard for the Plaintiff’s potential privacy concerns. 26
2 This lawsuit was initially filed against Kilolo Kijakazi, who was then the Acting Commissioner of 27 the Social Security Administration. See Dkt. 1. Pursuant to Federal Rule of Civil Procedure 25(d), 1 § 405(g). [Dkt. 8 (hereinafter, “AR”) at 204-07]. Plaintiff’s application was denied, initially on 2 November 20, 2025, and upon reconsideration on March 23, 2016. [AR 115-25]. Plaintiff then 3 successfully requested a hearing before an Administrative Law Judge (ALJ), which took place on 4 March 20, 2018. [AR 126-99; see AR 51-91]. On May 31, 2018, the ALJ issued a written order 5 denying benefits, and on June 6, 2019, the Appeals Council denied Plaintiff’s request for review 6 of the ALJ’s decision. [AR 1-6, 16-26]. 7 Plaintiff thereafter filed a Complaint in federal court seeking review of the Commissioner’s 8 decision. [AR 3209-12]. On September 30, 2021, the Court reversed and remanded the case, 9 pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings. [AR 10 3225-41]. On remand, the Appeals Council vacated the Commissioner’s decision and returned the 11 case to an ALJ for further proceedings consistent with the Court’s Order. [AR 3178-82]. A 12 hearing was then held on February 16, 2023, before the same ALJ, who then issued a written 13 decision on April 19, 2023, once again denying Plaintiff’s claims for benefits. [AR 3140-177; see 14 AR 3092-4106]. 15 On July 13, 2023, Plaintiff filed the Complaint in the instant action, seeking judicial review 16 of the ALJ’s second decision after remand. [Dkt. 1]. On September 30, 2024, this Court issued an 17 Order reversing and remanding the case for further administrative proceedings, pursuant to 18 sentence four of 42 U.S.C. § 405(g). [Dkt. 14]. 19 On November 7, 2024, the Court granted the Parties’ stipulation for attorney fees under the 20 Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, in the amount of $11,007.00. [Dkt. 17]. 21 On remand, the Commissioner granted Plaintiff’s application and, given that Plaintiff 22 reached full retirement age in April 2020, awarded Plaintiff a lump sum covering disability 23 benefits from February 2014 through March 2020. 24 Under a contingency fee agreement, Plaintiff agreed to pay her counsel, Attorney 25 Siegfried, up to twenty-five percent of any past-due benefits resulting from a favorable disability 26 decision. [Dkt. 18-4]. In a Notice of Change in Benefits, the SSA informed Plaintiff that she was 27 entitled to $90,450.00 in retroactive benefits, that twenty-five percent of the past-due benefits 1 LEGAL STANDARD 2 Attorney’s fees may be awarded to a successful social security claimant’s lawyer for their 3 representation before a court pursuant to 42 U.S.C. § 406(b). Straw v. Bowen, 866 F.2d 1167 (9th 4 Cir. 1989). The statute provides that a federal court which “renders a judgment favorable to a 5 claimant . . . who was represented before the court by an attorney” may grant the attorney “a 6 reasonable fee for such representation, not in excess of 25 percent of the total of the past-due 7 benefits to which the claimant is entitled by reason of such judgment.” 42 U.S.C. § 406(b). In 8 passing § 406(b), Congress sought to protect attorneys from nonpayment of fees, while also 9 shielding clients from unfairly large fees. Gisbrecht v. Barnhart, 535 U.S. 789, 805 (2002). 10 Section 406(b) is meant “to control, not to displace, [contingency] fee agreements between 11 Social Security benefits claimants and their counsel.” Id. at 793. Even if a fee request under 12 § 406(b) is within the twenty-five percent statutory limit, the attorney bears the burden of showing 13 that the fee sought is reasonable, and the court is responsible for serving as an “independent 14 check” to ensure the reasonableness of the fee. Id. at 807. 15 The Ninth Circuit has instructed that a § 406(g) fee request should be assessed by “looking 16 first to the contingent-fee agreement, then testing it for reasonableness.” Crawford v. Astrue, 586 17 F.3d 1142, 1149 (9th Cir. 2009) (en banc). A court reviewing a fee request should consider “the 18 character of the representation and the results the representative achieved,” and determine 19 “whether the amount [of fees specified in the contingency fee agreement] need be reduced,” for 20 such reasons as “substandard performance, delay, or benefits that are not in proportion to the time 21 spent on the case.” Id. at 1151. 22 The reasonableness determination is not governed by the traditional lodestar method used 23 in evaluating motions for attorneys’ fees in the context of other legal regimes, because “[t]he 24 lodestar method under-compensates attorneys for the risk they assume in representing [social 25 security] claimants and ordinarily produces remarkably smaller fees than would be produced by 26 starting with the contingent-fee agreement.” Id. at 1150. 27 A § 406(g) fee award must be offset by any award of EAJA fees. Thus, if a court awards 1 amount of the smaller fee.” Gisbrecht, 535 U.S. at 796 (cleaned up). 2 ANALYSIS 3 As noted above, Plaintiff entered into a contingent fee arrangement with Attorney 4 Siegfried providing for a twenty-five percent contingent fee (based on the amount of benefits 5 awarded, if successful). The twenty-five percent contingency is self-evidently consistent with the 6 statutory cap. 42 U.S.C. § 406(b). There is nothing in the record to suggest that Plaintiff’s 7 counsel’s performance in this matter was substandard; to the contrary, Attorney Siegfried’s 8 representation resulted in Plaintiff’s receiving of $90,450.00 in past-due benefits. 9 In support of the instant motion, Attorney Siegfried submitted a declaration in which she 10 attests that her non-contingency based hourly rate for appellate cases (not related to Social 11 Security cases) is currently $500 per hour. [Dkt. 18-2 at ¶ 2]. She avers that she spent 12 approximately 52.2 hours working on this case. Id. at ¶ 5; see Dkt. 18-3. Based on the award 13 requested, this equates to an effective hourly rate of $433.00 per hour, well within the effective 14 hourly rate approved in other cases in this District (including one case involving Attorney 15 Siegfried). See, e.g., Brenn v. O’Malley, No. 23-cv-05010-DMR, 2025 WL 2419268, at *2 (N.D. 16 Cal. Aug. 21, 2025) (“Granting Siegfried’s request for $43,728.50 in fees amounts to an effective 17 hourly rate of $418.05 per hour. . . . [T]he court finds Siegfried’s requested fees are reasonable.”); 18 S.R. v. Kijakazi, No. 22-cv-00516-JCS, 2024 WL 2868511, at *2 (N.D. Cal. June 5, 2024) (“The 19 Court further finds that the effective rate of $623.98/hour is within the range of what courts have 20 approved in recent years.”) (collecting cases). 21 Further, there is nothing in the record to suggest that any delay in this case was 22 unreasonable or especially attributable to Attorney Siegfried. Additionally, there is nothing in the 23 record to suggest that the amount of fees requested is disproportionate to the time spent on the 24 case or to the benefits awarded. Finally, the time Attorney Siegfried spent on this matter 25 (approximately 52 hours) is reasonable. Brenn, 2025 WL 2419268 at *2 (finding 104.6 hours of 26 attorney time spent to be reasonable where case involved original case and case after second 27 appeal after remand). ] that Plaintiffs counsel, Attorney Siegfried, has met her burden to demonstrate that the requested 2 || fees are reasonable. 3 Having determined that the fee sought is reasonable, the Court now accounts for the 4 || attorney’s fees paid by the Commissioner under the EAJA. Gisbrecht, 535 U.S. at 796. 5 “Congress harmonized fees payable by the Government under EAJA with fees payable under 6 § 406(b) out of the claimant’s past-due Social Security benefits” by requiring the claimant’s 7 || attorney to refund to the claimant the amount of the smaller fee up to the point where the claimant 8 || receives 100% of the past-due benefits. Jd. 9 Here, the Court finds counsel’s § 406(b) fee request reasonable, and therefore, Plaintiffs 10 counsel shall refund to Plaintiff the $11,007.00 in EAJA fees previously awarded. [Dkt. 17]. 11 CONCLUSION 12 For all the reasons discussed herein, Plaintiff's counsel’s motion for attorney’s fees [Dkt. 13 18] is GRANTED. The Commissioner is DIRECTED to certify fees under 42 U.S.C. § 406(b) in 14 || the amount of $22,612.50, payable to Plaintiffs counsel, Katherine Siegfried. Attorney Siegfried 3 15 is ORDERED to refund to Plaintiff the previously awarded $11,007.00 under the EAJA. [Dkt. 16 17].
Z 18 |} ITISSO ORDERED. 19 Dated: October 8, 2025 20 □ 21 United States Magistrate Judge 22 23 24 25 26 27 28