Corgill v. Social Security Administration

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF OKLAHOMA
JENNIFER LYNN CORGILL, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-23-033-JAR
)
COMMISSIONER OF THE 	)
SOCIAL SECURITY 	)
ADMINISTRATION, 	)
)
Defendant. 	)
OPINION AND ORDER
This matter comes before this Court on Motion for Attorney Fees Under 42
U.S.C. 	§ 	406(b) 	filed 	by 	Gayle 	L. 	Troutman 	with 	the 	firm 	Troutman 	and
Troutman, the attorney of record for Plaintiff (Docket Entry No. 29). 	Counsel
requests that she be awarded fees for legal work pursuant to 42 U.S.C. § 406(b)
in the amount of $15,446.77. 	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 the
reversal and remand of the ALJ’s decision by this Court. 	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 $7,674.00. 	On remand, Plaintiff received a fully
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favorable 	decision 	and 	past 	due 	benefits 	were 	awarded 	in 	the 	amount 	of
$67,891.08.
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).
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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. 	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 February 11,
2026. 	Counsel filed her request for compensation on April 30, 2026. 	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 Motion for Attorney Fees Under 42
U.S.C. 	§ 	406(b) 	filed 	by 	Gayle 	L. 	Troutman 	with 	the 	firm 	Troutman 	and
Troutman, the attorney of record for Plaintiff (Docket Entry No. 29) is hereby
GRANTED. 	Plaintiff’s counsel is awarded fees in the amount of $15,446.77.
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
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