Campbell v. Commissioner of Social Security, 1:24-cv-00144

Plaintiff Karen S. Campbell applied for Social Security Disability (Title II) and SSI (Title XVI) claiming onset in June 2019; initial administrative denial became final after Appeals Council review and she filed suit in federal court on April 9, 2024.
The district court granted the parties’ joint motion to remand on June 26, 2024; on remand the ALJ approved Campbell’s DIB claim and the SSA issued a Notice of Award dated July 22, 2025 awarding $93,817 in past-due benefits.
Plaintiff had a contingent-fee agreement permitting counsel to receive up to 25% of past-due benefits; counsel agreed to 25% and sought fees under 42 U.S.C. § 406(b).
Counsel previously obtained $2,312.40 in EAJA fees (28 U.S.C. § 2412) which the court awarded in August 2024; counsel may not keep both full EAJA and § 406(b) fees and must refund or offset the smaller amount.
Attorney Ann M. Trzynka moved for § 406(b) fees of $8,454.25 (9.4 hours of federal-court work, resulting in a computed hourly equivalent of $246/hour); Plaintiff filed a notice allowing counsel to keep the EAJA amount, effectively reducing the § 406(b) net to $6,141.85.
The court found the § 406(b) request reasonable (no unjustified delay, reasonable hourly equivalent for contingent Social Security work) and granted the motion, awarding counsel $8,454.25 total and ordering that counsel keep the previously received $2,312.40 (net $6,141.85 now awarded).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a § 406(b) fee of $8,454.25 is reasonable	Fee is reasonable for 9.4 hours of federal-court work; yields $246/hour equivalent and is within district practice for contingent cases	Agency did not object to entitlement or amount (neither agreed nor disagreed)	Court found the § 406(b) fee reasonable, no reduction for delay or excessive hours; granted $8,454.25 (net $6,141.85 after EAJA retention)

Culbertson v. Berryhill, 139 S. Ct. 517 (2019) (clarifies that § 406(b) governs fees for representation in federal court and interplay with other fee statutes)
Gisbrecht v. Barnhart, 535 U.S. 789 (2002) (establishes reasonableness standard for § 406(b) fees and that EAJA awards offset § 406(b) recoveries)