Thompson v. Social Security Administration

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF OKLAHOMA
WILLIAM CLYDE THOMPSON, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-24-220-JAR
)
COMMISSIONER OF THE 	)
SOCIAL SECURITY 	)
ADMINISTRATION, 	)
)
Defendant. 	)
OPINION AND ORDER
This matter comes before this Court on the Motion for Attorney Fee
Under 42 U.S.C. § 406(b) filed by Matthew H. McBee, the attorney of record for
Plaintiff (Docket Entry No. 20). 	Counsel requests that he be awarded fees for
legal work pursuant to 42 U.S.C. § 406(b) in the amount of $25,800.00 after
receiving a favorable decision from Defendant and an award of past due benefits.
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). 	To that end, a review of
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counsel’s motion shows that it has a cursory list of tasks he performed for
Plaintiff with no time attributed to each task. 	As a result, it is impossible for
this Court to evaluate the reasonableness of counsel’s request without detailed
contemporaneous time and task records.
Moreover, this Court is required to evaluate 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 exceptional circumstances, substantial justice is
served by permitting its use in the circumstance faced by counsel in seeking
these fees. 	Id. 	However, in this case, Plaintiff’s counsel has failed to offer any
explanation for the considerable delay in his filing of the § 406(b) fee motion after
the issuance of the Notice of Award – a delay of over four months. 	In order to
meet the criteria of Rule 60(b)(6), counsel must provide further information on
this extended delay.
IT 	IS 	THEREFORE 	ORDERED 	that 	Plaintiff’s 	counsel 	shall 	file 	a
supplement to the Motion for Attorney Fee Under 42 U.S.C. § 406(b) (Docket
Entry No. 20) no later than MAY 21, 2026 providing contemporaneous time
records associated with his work in this case and provide an explanation for the
extended delay as required by the rigors of Rule 60(b)(6).
IT IS SO ORDERED this 12th day of May, 2026.
___________________________________
JASON A. ROBERTSON
UNITED STATES MAGISTRATE JUDGE
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