Boswell v. Social Security Administration

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF OKLAHOMA
CATHY BOSWELL, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-22-292-JAR
)
COMMISSIONER OF THE 	)
SOCIAL SECURITY 	)
ADMINISTRATION, 	)
)
Defendant. 	)
OPINION AND ORDER
This matter comes before this Court on Plaintiff’s Attorney’s Motion for an
Award of Attorney Fees Under 42 U.S.C. § 406(b) filed by Nathan E. Barnard, the
attorney of record for Plaintiff (Docket Entry No. 26). 	Counsel requests that he
be awarded fees for legal work pursuant to 42 U.S.C. § 406(b) in the amount of
$17,000.00. 	Counsel was employed by Plaintiff to appeal the adverse decision
rendered by Administrative Law Judge presiding over the request for benefits.
To that end, Counsel entered into a contract for compensation with Plaintiff,
providing for the payment of a fee equal to 25% of any past due benefits
ultimately awarded to Plaintiff. 	Such contracts are recognized as valid under
the prevailing case authority. 	Gisbrecht v. Barnhart, 535 U.S. 789, 807 (2002).
Counsel fully briefed Plaintiff’s position in this appeal resulting in a
decision 	from 	this 	Court 	reversing 	and 	remanding 	the 	ALJ’s 	decision.
Consequently, Plaintiff was successful in this appeal. 	As a result, Plaintiff was
awarded attorney’s fees in accordance with the Equal Access to Justice Act
(“EAJA”) for the efforts before this Court in the amount of $6,102.55. 	On
remand, Plaintiff received a fully favorable decision and was awarded past due
6:22-cv-00292-JAR Document 28 Filed in ED/OK on 05/12/26 Page 1 of 3

benefits of $107,295.00.
The amount awarded to counsel for successfully prosecuting an appeal of
a denial of Social Security benefits and obtaining benefits for a claimant may not
exceed 25% of past due benefits. 	42 U.S.C. § 406(b)(1)(A). 	As in this case,
Defendant is authorized to withhold up to 25% of the past due benefits awarded
to a claimant for payment directly to the claimant’s attorney. 	42 U.S.C. §
406(a)(4). 	The Tenth Circuit Court of Appeals determined that the 25% amount
is separate and apart from the amount awarded at the agency level under 42
U.S.C. § 406(a). 	Wrenn v. Astrue, 525 F.3d 931, 937-938 (10th Cir. 2008). 	The
only condition upon the full award of 25% is a requirement that the court review
contingency fee arrangements “to assure that they yield reasonable results in
particular cases.” 	Id. at 938 (citations omitted). 	Counsel’s requested fees do
not exceed either the amount contracted for in the contingency fee agreement or
the limitations of §406(b).
Defendant generally does not take a position on awarding the amount
requested, stating that the Social Security Administration has no financial stake
in the result. 	Despite the fact the source for Counsel’s compensation is a
contingency fee contract, this Court has reviewed the contemporaneous time and
expense records based upon the admonishment of the Tenth Circuit to do so and
finds the time expended to be reasonable and necessary in consideration of the
result obtained.
This Court has evaluated Counsel’s request for its timeliness. 	In seeking
an award under § 406(b), an attorney is required to employ the provisions of Fed.
R. Civ. P. 60(b)(6). 	McGraw v. Barnhart, 450 F.3d 493, 505 (10th Cir. 2006).
While 	relief 	under 	this 	rule 	is 	considered 	extraordinary 	and 	reserved 	for
6:22-cv-00292-JAR Document 28 Filed in ED/OK on 05/12/26 Page 2 of 3

3
exceptional circumstances, substantial justice is served by permitting its use in
the circumstance faced by counsel in seeking these fees. 	Id. 	To that end, any
fee request pursued under §406(b) should be filed “within a reasonable time of
the Commissioner’s decision awarding benefits.” 	Id. (citation omitted).
In this case, Notice of Award was issued by Defendant on November 4,
2025. 	Counsel filed her request for compensation on December 24, 2025. 	This
Court cannot find the delay which occurred in this case warrants the draconian
result of denying an award of fees. 	Therefore, the request is considered timely.
IT IS THEREFORE ORDERED that on Plaintiff’s Attorney’s Motion for an
Award of Attorney Fees Under 42 U.S.C. § 406(b) filed by Nathan E. Barnard, the
attorney of record for Plaintiff (Docket Entry No. 26) is hereby GRANTED.
Plaintiff’s counsel is awarded fees in the amount of $17,000.00. 	Defendant is
directed to pay this fee directly to counsel from the amount of past due benefits
withheld for that purpose. 	In addition, Plaintiff’s counsel shall refund to
Plaintiff’s estate the smaller amount between any EAJA fees already awarded
and the § 406(b) fees awarded in this decision to Plaintiff. 	Weakley v. Bowen,
803 F.2d 575, 580 (10th Cir. 1986).
IT IS SO ORDERED this 12th day of May, 2026.
______________________________________
JASON A. ROBERTSON
UNITED STATES MAGISTRATE JUDGE
6:22-cv-00292-JAR Document 28 Filed in ED/OK on 05/12/26 Page 3 of 3