Jones v. Commissioner of Social Security Administration

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Mary Ruth Jones,
Plaintiff,
v.
Commissioner of Social Security
Administration,
Defendant.
No. CV-23-00704-PHX-KML
ORDER
On September 16, 2024, the court remanded this case to the Social Security
Administration for further proceedings. (Doc. 21.) Shortly after that order, the court
approved a stipulation between the parties that awarded plaintiff’s counsel $8,400 in
attorneys’ fees under the Equal Access to Justice Act. (Doc. 24.) On remand, plaintiff
obtained a fully favorable decision. (Doc. 26-1 at 3.) Plaintiff’s counsel now seeks an award
of $9,753.75 in attorneys’ fees for representing plaintiff on a contingency basis. That
amount is 25% of the past-due benefits. (Doc. 26-1 at 4.) According to counsel’s billing
records, she performed 35.5 hours of work, meaning the award sought represents an hourly
fee of $274.75. (Doc. 26-3 at 2-3.)
The relevant statute allows the court to award counsel “a reasonable fee for [her]
representation, not in excess of 25 percent of the total of the past-due benefits.” 42 U.S.C.
§ 406(b). When an attorney files a request for fees under § 406(b), the court must “look[]
first to the contingent-fee agreement, then test[] it for reasonableness.” Crawford v. Astrue,
586 F.3d 1142, 1149 (9th Cir. 2009) (simplified). There is no “definitive list of factors that
Case 2:23-cv-00704-KML Document 28 Filed 04/30/26 Page 1 of 2

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should be considered in determining whether a fee is reasonable or how those factors
should be weighed.” Id. at 1151. But the court’s reasonableness inquiry may look to
“substandard performance, delay, or benefits that are not in proportion to the time spent on
the case.” Id.
Here, the agreement allows counsel to recover 25% of past-due benefits. (Doc. 26-
2 at 2.) There is “no evidence of fraud or overreaching in the making of the 25% contingent-
fee agreement[],” so the 25% permitted by the agreement is an appropriate starting point.
Id. The only remaining issue is whether the amount the agreement contemplates is
reasonable. There is no evidence of poor performance or delay by counsel. And counsel’s
effective hourly rate of $274.75 is reasonable based on the work performed and the risk
that no benefits would be awarded.
IT IS ORDERED the Motion for Attorneys’ Fees under 42 U.S.C. § 406(b) (Doc.
25) is GRANTED in the amount of $9,753.75. The fees are payable to plaintiff’s counsel,
Robin Larkin, Larkin & Fern, PLLC, and can be made by electronic fund transfer or by
check.
IT IS FURTHER ORDERED plaintiff’s counsel shall, after receipt of the above-
awarded fee, refund to plaintiff all fees awarded under the Equal Access to Justice Act.
Dated this 30th day of April, 2026.
Case 2:23-cv-00704-KML Document 28 Filed 04/30/26 Page 2 of 2